[Adopted 4-17-2006 by L.L. No. 2-2006]
It is hereby determined that:
A. Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
B. This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species.
C. Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat.
D. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
E. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
F. Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
G. Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
H. The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
I. Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and to address the findings of fact in §
288-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as
amended or revised;
B. Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities GP-02-01 or as amended
or revised;
C. Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
D. Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E. Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F. Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
G. Encourage
the use of green infrastructure practices to control stormwater runoff,
such as protecting natural areas, reducing impervious cover, and runoff
reduction techniques to the maximum extent practicable.
[Added 2-15-2011 by L.L. No. 1-2011]
The following activities shall be exempt from
review under this article.
A. Agricultural activity as defined in this article.
B. Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
C. Repairs and routine property maintenance activities
that disturb less than one acre and maintain the original line and
grade.
D. Repairs and routine maintenance to any stormwater
management practice or facility deemed necessary by the Stormwater
Management Officer.
E. Land development activities for which a building permit
has been approved on or before the effective date of this article.
G. Installation of a fence, sign, telephone and electric
poles and other kinds of posts or poles.
H. Emergency activity immediately necessary to protect
life, property or natural resources.
I. Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
J. Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents
prepared or reviewed under this article shall have the meaning as
set forth in this section.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
GREEN INFRASTRUCTURE
Approaches which infiltrate, evapotranspire or reuse stormwater,
using soils and vegetation rather than hardscape collection, conveyance
and storage structures. Common green infrastructure approaches include
green roofs, trees and tree boxes, rain gardens, vegetated swales,
pocket wetlands, infiltration planters, vegetated median strips, reforestation,
and protection and enhancement of riparian buffers and floodplains.
[Added 2-15-2011 by L.L. No. 1-2011]
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
PERSON
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
QUALIFIED INSPECTOR
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), or
registered landscape architect or someone working the direct supervision
of, and at the same company as, the licensed professional engineer
or registered landscape architect, provided that person has training
in the principles and practices of erosion and sediment control.
[Added 2-15-2011 by L.L. No. 1-2011]
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
TRAINED CONTRACTOR
An employee from the contracting (construction) company,
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. It can also mean an employee from the contracting
(construction) company that meets the qualified inspector qualifications.
[Added 2-15-2011 by L.L. No. 1-2011]
VILLAGE
The Village of Elmsford, New York.
WATERCOURSE
Any natural or artificial, permanent or intermittent, public
or private surface water body or surface water segment, such as ponds,
lakes, reservoirs, rivers, streams, brooks or waterways, that are
contained within, flow through or border on the Village.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
All land development activities shall be subject
to the following performance and design criteria:
A. Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article.
(1) The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most recent
version, including applicable updates, hereafter referred to as the
"Design Manual"); and
(2) New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most recent version, including applicable
updates, hereafter referred to as the "Erosion Control Manual").
B. Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this article.
[Added 2-15-2011 by L.L. No. 1-2011]
A. Schedule A-1.
Green Infrastructure Planning General Categories and Specific
Practices
(From: New York State Stormwater Management Design Manual,
Table 3.1)
|
---|
Group
|
Practice
|
Description
|
---|
Preservation of Natural Resources
|
Preservation of undisturbed areas
|
Delineate and place into permanent conservation easement undisturbed
forests, native vegetated areas, riparian corridors, wetlands, and
natural terrain
|
Preservation of buffers
|
Define, delineate and place in permanent conservation easement
naturally vegetated buffers along perennial streams, rivers, shorelines
and wetlands
|
Reduction of clearing and grading
|
Limit clearing and grading to the minimum amount needed for
roads, driveways, foundations, utilities and stormwater management
facilities
|
Locating development in less sensitive areas
|
Avoid sensitive resource areas such as floodplains, steep slopes,
erodible soils, wetlands, mature forests and critical habitats by
locating development to fit the terrain in areas that will create
the least impact
|
Open space design
|
Use clustering, conservation design or open space design to
reduce impervious cover, preserve more open space and protect water
resources
|
|
Restore the original properties and porosity of the soil by
deep till and amendment with compost to reduce the generation of runoff
and enhance the runoff reduction performance of practices such as
downspout disconnections, grass channels, filter strips, and tree
clusters
|
Reduction of Impervious Cover
|
Roadway reduction
|
Minimize roadway widths and lengths to reduce site impervious
area
|
Sidewalk reduction
|
Minimize sidewalk lengths and widths to reduce site impervious
area
|
Driveway reduction
|
Minimize driveway lengths and widths to reduce site impervious
area
|
Cul-de-sac reduction
|
Minimize the number of culs-de-sac and incorporate landscaped
areas to reduce their impervious cover
|
Building footprint reduction
|
Reduce the impervious footprint of residences and commercial
buildings by using alternate or taller buildings while maintaining
the same floor-to-area ratio
|
Parking reduction
|
Reduce imperviousness on parking lots by eliminating unneeded
spaces, providing compact car spaces and efficient parking lanes,
minimizing stall dimensions, using porous pavement surfaces in overflow
parking areas, and using multistoried parking decks where appropriate
|
B. Schedule A-2
Green Infrastructure Techniques Acceptable for Runoff
Reduction
(From: New York State Stormwater Management Design Manual,
Table 3.2)
|
---|
Group:
Runoff reduction techniques
|
Practice
|
Description
|
---|
|
Conservation of natural areas
|
Retain the predevelopment hydrologic and water quality characteristics
of undisturbed natural areas, stream and wetland buffers by restoring
and/or permanently conserving these areas on a site
|
|
Sheetflow to riparian buffers or filter strips
|
Undisturbed natural areas such as forested conservation areas
and stream buffers or vegetated filter strips and riparian buffers
can be used to treat and control stormwater runoff from some areas
of a development project.
|
|
Vegetated open swale
|
The natural drainage paths, or properly designed vegetated channels,
can be used instead of constructing underground storm sewers or concrete
open channels to increase time of concentration, reduce the peak discharge,
and provide infiltration.
|
|
Tree planting/tree box
|
Plant or conserve trees to reduce stormwater runoff, increase
nutrient uptake, and provide bank stabilization. Trees can be used
for applications such as landscaping, stormwater management practice
areas, conservation areas and erosion and sediment control.
|
|
Disconnection of rooftop runoff
|
Direct runoff from residential rooftop areas and upland overland
runoff flow to designated pervious areas to reduce runoff volumes
and rates.
|
|
Stream daylighting for redevelopment projects
|
Stream daylight previously-culverted/piped streams to restore
natural habitats, better attenuate runoff by increasing the storage
size, promoting infiltration, and help reduce pollutant loads.
|
|
Rain garden
|
Manage and treat small volumes of stormwater runoff using a
conditioned planting soil bed and planting materials to filter runoff
stored within a shallow depression.
|
|
Green roof
|
Capture runoff by a layer of vegetation and soil installed on
top of a conventional flat or sloped roof. The rooftop vegetation
allows evaporation and evapotranspiration processes to reduce volume
and discharge rate of runoff entering conveyance system.
|
|
Stormwater planter
|
Small landscaped stormwater treatment devices that can be designed
as infiltration or filtering practices. Stormwater planters use soil
infiltration and biogeochemical processes to decrease stormwater quantity
and improve water quality
|
|
Rain tank/cistern
|
Capture and store stormwater runoff to be used for irrigation
systems or filtered and reused for non-contact activities
|
|
Porous pavement
|
Pervious types of pavements that provide an alternative to conventional
paved surfaces, designed to infiltrate rainfall through the surface,
thereby reducing stormwater runoff from a site and providing some
pollutant uptake in the underlying soils
|
C. Schedule A-3.
Stormwater Management Practices Acceptable for Water Quality
(From: New York State Stormwater Management Design Manual,
Table 3.3)
|
---|
Group
|
Practice
|
Description
|
---|
Pond
|
Micropool extended detention pond
(P-1)
|
Pond that treats the majority of the water quality volume through
extended detention, and incorporates a micropool at the outlet of
the pond to prevent sediment resuspension
|
Wet pond
(P-2)
|
Pond that provides storage for the entire water quality volume
in the permanent pool
|
Wet extended detention pond
(P-3)
|
Pond that treats a portion of the water quality volume by detaining
storm flows above a permanent pool for a specified minimum detention
time
|
Multiple pond system
(P-4)
|
A group of ponds that collectively treat the water quality volume
|
Pocket pond
(P-5)
|
A stormwater wetland design adapted for the treatment of runoff
from small drainage areas that has little or no baseflow available
to maintain water elevations and relies on groundwater to maintain
a permanent pool
|
Wetland
|
Shallow wetland
(W-1)
|
A wetland that provides water quality treatment entirely in
a shallow marsh
|
Extended detention wetland
(W-2)
|
A wetland system that provides some fraction of the water quality
volume by detaining storm flows above the marsh surface
|
Pond/wetland system
(W-3)
|
A wetland system that provides a portion of the water quality
volume in the permanent pool of a wet pond that precedes the marsh
for a specified minimum detention time
|
Pocket wetland
(W-4)
|
A shallow wetland design adapted for the treatment of runoff
from small drainage areas that has variable water levels and relies
on groundwater for its permanent pool
|
Infiltration
|
Infiltration trench
(I-1)
|
An infiltration practice that stores the water quality volume
in the void spaces of a gravel trench before it is infiltrated into
the ground
|
Infiltration basin
(I-2)
|
An infiltration practice that stores the water quality volume
in a shallow depression before it is infiltrated into the ground
|
Dry well
(I-3)
|
An infiltration practice similar in design to the infiltration
trench, and best suited for treatment of rooftop runoff
|
Filtering practices
|
Surface sand filter
(F-1)
|
A filtering practice that treats stormwater by settling out
larger particles in a sediment chamber, and then filtering stormwater
through a sand matrix
|
Underground sand filter
(F-2)
|
A filtering practice that treats stormwater as it flows through
underground settling and filtering chambers
|
Perimeter sand filter
(F-3)
|
A filter that incorporates a sediment chamber and filter bed
as parallel vaults adjacent to a parking lot
|
Organic filter
(F-4)
|
A filtering practice that uses an organic medium such as compost
in the filter in place of sand
|
Bioretention
(F-5)
|
A shallow depression that treats stormwater as it flows through
a soil matrix, and is returned to the storm drain system
|
Open channels
|
Dry swale
(O-1)
|
An open drainage channel or depression explicitly designed to
detain and promote the filtration of stormwater runoff into the soil
media
|
Wet swale
(O-2)
|
An open drainage channel or depression designed to retain water
or intercept groundwater for water quality treatment
|
[Adopted 4-17-2006 by L.L. No. 1-2006]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Village
of Elmsford through the regulation of non-stormwater discharges to
the storm drainage system to the maximum extent practicable as required
by federal and state law. This article 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 article 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; and
C. To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article.
For the purposes of this article, the following
terms shall have the meanings indicated:
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 NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of five acres or more. Beginning in March 2003, NPDES Storm Water
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.
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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in §
288-20A(2) of this article.
ILLICIT CONNECTIONS
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 non-stormwater 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.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
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
Anything that 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, ordinance, 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.
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, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and 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 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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article 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 Building Department shall administer, implement,
and enforce the provisions of this article. 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 article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article 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 article.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore this article
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
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 Building Inspector prior to the allowing
of discharges to the MS4.
The Board of Trustees of the Village of Elmsford
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 its 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 premise, 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 Building Inspector 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.
Whenever the Building Inspector finds that a
person has violated a prohibition or failed to meet a requirement
of this article, 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. 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 its 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 Village
by reason of such violation. The liability shall be paid in not more
than 12 equal payments. Interest at the rate of 12% per annum or the
highest rate permitted by law, whichever is less, shall be assessed
on the balance beginning on the 10th 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
article. If a person has violated or continues to violate the provisions
of this article, 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 article, the authorized enforcement
agency may impose upon a violator alternative compensatory actions
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, and the like.
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.
Any person who has violated or continues to
violate this article 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 60 days. The authorized enforcement agency may
recover all attorney's 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 authorized
enforcement agency to seek cumulative remedies.