[HISTORY: Adopted by the Council of the City
of Schenectady as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-14-2007 by L.L. No. 5-2007]
It is hereby determined that:
A.
Uncontrolled drainage and runoff associated with land
development has a significant impact upon the health, safety and welfare
of the community.
B.
Eroded soil endangers water resources by reducing
water quality and causing the silting of streams, lakes and other
water bodies adversely affecting aquatic life.
C.
Stormwater runoff and sediment transports pollutants
such as heavy metals, hydrocarbons, nutrients and bacteria to water
resources, degrading water quality.
D.
Eroded soil necessitates repair and accelerates the
maintenance needs of stormwater management facilities.
E.
Clearing, grading and altering natural topography
during construction tends to increase erosion.
F.
Improper design and construction of drainage facilities
can increase the velocity of runoff, thereby increasing stream bank
erosion and sedimentation.
G.
Impervious surfaces increase the volume and rate of
stormwater runoff and allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
H.
Improperly managed stormwater runoff can increase
the incidence of flooding and the severity of floods that occur, endangering
property and human life.
I.
Substantial economic losses can result from these
adverse impacts.
J.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
land development activities.
The purpose of this article is to safeguard
persons, protect property, and prevent damage to the environment in
the City of Schenectady, New York. This article will also promote
the public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any land development activity
as it relates to erosion and sedimentation control and stormwater
management. This article seeks to meet these purposes by achieving
the following objectives:
A.
Meet the requirements of minimum control measures
four (construction site stormwater runoff control) and five (post-construction
stormwater management) of the State Pollution Discharge Elimination
System (SPDES) General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit 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 (SPDES) General Permit for Construction Activities GP-02-01,
or as amended or revised.
C.
Minimize soil erosion and sedimentation impacts on
streams, water bodies, and neighboring properties.
D.
Avoid excessive and/or unnecessary tree and vegetation
removal.
E.
Minimize windblown soil associated with properties
being cleared and graded for development.
F.
Maintain the integrity of watercourses and sustain
their hydrologic functions.
G.
Minimize increases in the magnitude and frequency
of stormwater runoff to prevent an increase in flood flows and the
hazards and costs associated with flooding.
H.
Minimize decreases in groundwater recharge and stream
baseflow to maintain aquatic life, assimilative capacity, and water
supplies.
I.
Facilitate the removal of pollutants in stormwater
runoff to perpetuate the natural biological function of water bodies.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the governing Board of the
City of Schenectady has the authority to enact local laws and amend
local laws for the purpose of promoting the health, safety or general
welfare of the City of Schenectady and for the protection and enhancement
of its physical environment.
A.
Except as otherwise provided herein, no person shall commence or perform any land development activity as defined in § 148-5 herein without the review and approval of a stormwater pollution prevention plan (SWPPP) by the responsible board and/or the Stormwater Management Officer.
B.
Applicants shall also obtain all other permits required
by state, federal, and local laws. Whenever the particular circumstances
of proposed land development activity require compliance with special
use, site plan, or subdivision procedures of the City of Schenectady,
the responsible board shall integrate the requirements prescribed
herein as appropriate and determine the adequacy of the SWPPP.
C.
Redevelopment projects.
(1)
Redevelopment projects as defined herein provide an opportunity to reduce pollutant discharges and the rate, the amount as well as the quality of stormwater runoff leaving the redevelopment site. However, the nature of the site, particularly in an urban location, may impose constraints that prevent implementation of full post-construction compliance. Chapter 9 of the "New York State Stormwater Management Design Manual" sets forth the standards for compliance with water quantity and quality standards and specifications.
(2)
Consideration shall be given to using alternative
stormwater management practices such as rain gardens, pervious pavers,
green roofs and other low-impact development techniques to reduce
stormwater impacts.
D.
No SWPPP is required for the following exempt activities:
(1)
Any emergency activity that is immediately necessary
for the protection of life, property, or natural resources.
(2)
Agricultural operations conducted as a permitted principal
or accessory use, including the construction of structures where the
land disturbance is less than one acre.
(3)
Routine maintenance activities that are performed
to maintain the original line and grade, hydraulic capacity, or original
purpose of a stormwater management facility. This includes roadway
drainage ditch maintenance (although erosion and sedimentation impacting
waters of the United States is still a violation under the Clean Water
Act).
(4)
Mining as defined herein.
(5)
The renovation/replacement of a septic system serving
an existing dwelling or structure.
(6)
Normal lawn and landscaping activities/maintenance.
(7)
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.
(8)
Silviculture activities, i.e., the harvest of timber
in accordance with a forest-management plan prepared by a forest-management
professional. Activities include selective cutting of timber, delimbing
and trimming, felling, skidding, log haul road construction and maintenance,
loading, stacking and temporary storage prior to transport from the
site. (Note: one-time clear-cutting or the nonrecurring practice of
timber harvesting is not considered an exempt activity.)
As used in this article, the following terms
shall have the meanings indicated:
The use of land for sound agricultural purposes, including
farming, dairy, horse boarding, pasturing, grazing, horticulture,
floriculture, viticulture, timber harvesting, animal and poultry husbandry,
and those practices necessary for the on-farm production, preparation,
and marketing of agricultural commodities.
A person who has received training and is certified by CPESC
Inc., to review, inspect and/or maintain erosion and sediment control
practices.
Any activity that removes the vegetative surface cover.
The initial disturbance of soils associated with clearing,
grading, or excavating activities, or other construction activities.
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction.
Excavation of fill, rock, gravel, sand, soil or other natural
material, including the resulting conditions therefrom.
Construction activity including clearing, grading, excavating,
soil disturbance, placement of fill, or redevelopment resulting in
land disturbance of equal to or greater than one acre. Also includes
activities disturbing less than one acre of total land area that are
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.
A person currently licensed to practice engineering or landscape
architecture in New York State or is a Certified Professional in Erosion
and Sediment Control (CPESC).
Any excavation subject to permitting requirements of the
State Department of Environmental Conservation under the Mined Land
Reclamation Law (Environmental Conservation Law, Article 23, Title
27).
A permit application prepared and filed by an owner or operator
with the Department of Environmental Conservation as an affirmation
that a stormwater pollution prevention plan (SWPPP) has been prepared
and will be implemented in compliance with the State Pollution Discharge
Elimination System General Permit for Stormwater Runoff for Constriction
Activity (GP-02-01).
The person, persons, or legal entity which owns or leases
the property on which the construction activity is occurring.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
Any land development activity that disturbs one acre or more,
including all commercial, industrial, or mixed use development, as
well as any residential development consisting of buildings that contain
two or more dwelling units, or any land development activity not classified
as a minor project. (The operator of a major project must submit a
SWPPP that addresses water quality and quantity controls in addition
to erosion and sedimentation controls.)
Any land development activity associated with a permitted
agricultural use or single family residential construction/subdivision
that disturbs between one and five acres and is not discharging stormwater
directly to a water body listed on New York State 2002 Section 303(d)
list of impaired water bodies.
The reconstruction or modification to any existing, previously
developed land such as residential, commercial, industrial, institutional,
or road or highway which involves soil disturbance.
Solid material, both mineral and organic, which is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
A permit issued by the municipality for the construction
or alteration of ground improvements and structures for the control
of erosion, runoff, and grading.
Ground areas with a slope greater than 25% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
Ground areas with a slope greater than 15% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and coordinate the review of stormwater pollution prevention
plans and inspect stormwater management practices.
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.
Covering or maintaining an existing cover over soil. Cover
can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or
turf) or non-vegetative (e.g., geotextiles, riprap, or gabions).
All soil disturbing activities at the site have been completed,
and a uniform perennial vegetative cover with a density of 80% has
been established or equivalent stabilization measures (such as the
use of mulches or geotextiles) have been employed on all unpaved areas
and areas not covered by permanent structures.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling.
Any body of water, including but not limited to lakes, ponds,
rivers, streams, and intermittent streams.
A horizontal distance 50 feet away from and parallel to the
high water level of a watercourse.
Those areas that are inundated or saturated by surface or
groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include those areas determined to be wetlands by the U.S. Army Corps
of Engineers and the New York State Department of Environmental Conservation.
A.
No application for land development activity that
will disturb one or more acres shall be approved until the responsible
board, municipal official and/or department has received, reviewed
and determined a stormwater pollution prevention plan (SWPPP) has
been prepared in accordance with the specifications contained herein.
B.
Review of SWPPP by Stormwater Management Officer. For land development activity not subject to special permit, site plan, or subdivision requirements, the City of Schenectady Stormwater Management Officer, or designated agent, shall review the SWPPP to determine its completeness and conformance with the provisions herein. Within 30 days (60 business days if the SWPPP identifies practices or designs that deviate from the proscribed standards established by § 148-11 of this article) of receipt of a SWPPP the City of Schenectady Stormwater Management Officer, shall make a determination as to whether it is complete. If it is deemed incomplete, the applicant shall be notified in writing as to the deficiencies in the plan and the requirements for completeness. Within 30 days after receiving a complete plan, the City of Schenectady Stormwater Management Officer, shall, in writing:
(1)
Approve the permit application;
(2)
Approve the permit application subject to such reasonable
conditions as may be necessary to secure substantially the objectives
of this regulation, and issue the permit subject to these conditions;
or
(3)
Disapprove the permit application, indicating the
reason(s) and procedure for submitting a revised application and/or
submission;
C.
Failure of the City of Schenectady Stormwater Management
Officer to act on a complete original or revised application within
30 days of receipt shall authorize the applicant to proceed in accordance
with the plans as filed unless such time is extended by agreement
between the applicant and the City of Schenectady. Pending preparation
and approval of a revised plan, land development activities shall
not be allowed to proceed. Nothing herein shall relieve an applicant's
need to obtain a building permit as required by City of Schenectady
Code or file an NOI with the NYS Department of Environmental Conservation.
D.
For land development activity subject to special permit,
site plan, or subdivision requirements, the responsible board shall
incorporate the required SWPPP into the review process, allowing for
public review and comment on the SWPPP. The responsible board, in
consultation with the City of Schenectady Stormwater Management Officer,
or designated agent, shall determine that the SWPPP has been prepared
in accordance with the specifications contained herein. For projects
subject to subdivision requirements, preliminary plat approval shall
not be granted until the Planning Board has received a SWPPP prepared
in accordance with the specifications contained herein.
E.
In its review of the plan, the responsible board or municipal official may consult with the City of Schenectady Engineer, the Schenectady County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 148-17 herein.
A.
All designs and procedures to prevent stormwater pollution as set forth within the SWPPP shall be designed in compliance with the "New York Standards and Specifications for Erosion and Sediment Control" and the "New York State Stormwater Management Design Manual" as stipulated in § 148-11 of this article. The SWPPP shall include the following:
(1)
A written narrative identifying the project's scope
including the location, type, and size of the project.
(2)
A site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance including
all lawn and yard areas; areas that will not be disturbed; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of stormwater discharge(s). The specific location(s),
size(s), and length(s) of each erosion and sediment control practice
shall also be shown. Site maps/construction drawings shall be at a
scale no smaller than one inch equals 100 feet.
(3)
A natural resources map identifying existing vegetation;
on-site and adjacent off-site surface water(s), wetlands, and drainage
patterns that could be affected by the construction activity; and
existing and final slopes.
(4)
A description of soil(s) present at the site along
with any existing data that describes the stormwater runoff characteristics
at the site.
(5)
A construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing;
excavation and grading; utility and infrastructure installation, and
any other activity at the site that results in soil disturbance. Phasing
shall identify the expected date on which clearing will begin, the
estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation. Consistent with the "New York
Standards and Specifications for Erosion and Sediment Control," there
shall not be more than five acres of disturbed soil at any one time
without prior written approval from the Department of Environmental
Conservation.
(6)
A description of the pollution-prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges.
(7)
A description of construction and waste materials
expected to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response.
(8)
A description of the temporary and permanent structural
and vegetative measures to be used for soil stabilization, runoff
control and sediment control for each stage of the project from initial
land clearing and grubbing to project close-out. Depending upon the
complexity of the project, the drafting of intermediate plans may
be required at the close of each season.
(9)
The dimensions, material specifications (e.g., seeding
mixtures and rates, types of sod, kind and quantity of mulching) and
installation details for all erosion and sediment control practices,
including the siting and sizing of any temporary sediment basins.
Temporary practices that will be converted to permanent control measures
shall be shown.
(10)
An implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and the duration that each practice should remain in place.
(11)
A maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practices, including
estimates of the cost of maintenance.
(12)
Identification of the person or entities responsible
for implementation of the SWPPP for each part of the site.
(13)
A description of structural practices to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable.
(14)
Names(s) of the watercourse(s) to which the stormwater
flows.
B.
For major projects, the following shall also be provided:
(1)
A site map/construction drawing(s) of each post-construction
stormwater practice including a description of each post-construction
stormwater control practice including, specific location(s) and size(s),
dimensions, material specifications and installation details. The
"New York State Stormwater Management Design Manual" shall serve as
the technical design standard.
(2)
A hydrologic and hydraulic analysis for all structural
components of the stormwater control system for the applicable design
storms.
(3)
A comparison of post-development stormwater runoff
conditions with predevelopment conditions.
(4)
A maintenance schedule to ensure continuous and effective
operation of each post-construction stormwater control practice.
The SWPPP shall be prepared by a licensed/certified
professional. The SWPPP must be signed by the professional preparing
the plan and shall make the following certification:
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"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that false statements made herein are punishable
as a class A misdemeanor pursuant to § 210.45 of the Penal
Law."
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The SWPPP must clearly identify the contractor(s)
and subcontractor(s) that will implement each stormwater and erosion
control measure. All contractors and subcontractors identified in
the SWPPP shall sign a copy of the following certification statement
before undertaking any land development activity:
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"I certify under penalty of law that I understand
and agree to comply with the terms and conditions of the SWPPP for
the construction site identified in such SWPPP as a condition of authorization
to discharge stormwater. I also understand that the operator must
comply with the terms and conditions of the New York State Pollutant
Discharge Elimination System ("SPDES") general permit for stormwater
discharges from construction activities and that it is unlawful for
any person to cause or contribute to a violation of water quality
standards."
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A.
The permittee shall amend the SWPPP whenever there
is a significant change in design, construction, operation, or maintenance
which may have a significant effect on the potential for the discharge
of pollutants to the waters of the United States and which has not
otherwise been addressed in the SWPPP; or
C.
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP.
A.
All land development activities shall be subject to
the following design and performance standards:
(1)
For the purpose of this article, the following documents
shall serve as the official guides and standards for stormwater management.
Stormwater management practices in accordance with these technical
documents shall be presumed to meet the standards imposed by this
article.
(2)
Land development activities as defined herein, including
grading, erosion, and sediment control practices, and waterway crossings
shall meet the design criteria set forth in the most recent version
of the "New York Standards and Specifications for Erosion and Sediment
Control" published by the Empire State Chapter of the Soil and Water
Conservation Society. For the design of post-construction stormwater
management practices, the technical standards are currently detailed
in the publication "New York State Stormwater Management Design Manual”
published by the New York State Department of Environmental Conservation.
B.
Equivalence to technical standards. Where stormwater
management practices are not in accordance with above design and technical
standards, the applicant or developer must demonstrate equivalence
to the design and technical standards set forth in this section and
the equivalence shall be documented and certified by a licensed/certified
professional as part of the SWPPP.
(1)
Cut and fill slopes shall be no greater than 2:1,
except where retaining walls, structural stabilization or other methods
acceptable to the City of Schenectady designated licensed/certified
professional are used. Disturbed areas shall be restored as natural
appearing landforms, and shall blend in with the terrain of adjacent
undisturbed land. Abrupt, angular transitions shall be avoided.
(2)
Clearing and grading shall be substantially confined
to designated building envelopes, utility easements, driveways, and
parking footprint. Clearing and grading techniques that retain natural
vegetation and drainage patterns, as described in the most recent
version of "Standards and Specifications for Erosion and Sediment
Control" referenced above shall be used to the satisfaction of the
responsible board. No clearing or grading shall take place within
the established fifty-foot watercourse buffer area except to provide
road crossings where permitted.
(3)
Clearing, except that necessary to establish sediment
control devices, shall not begin until all sediment control devices
have been installed and have been stabilized.
(4)
Phasing shall be required on all sites disturbing
greater than 30 acres, with the size of each phase to be established
at plan review and as approved by the responsible board. There shall
not be more than five acres of disturbed soil at any one time without
prior written approval from the NYS Department of Environmental Conservation.
(5)
The permittee shall initiate stabilization measures
as soon as practicable in portions of the site where construction
activities have temporarily or permanently ceased, but in no case
more than 14 days after the construction activity in that portion
of the site has temporarily or permanently ceased. This requirement
does not apply in the following instances:
(a)
Where the initiation of stabilization measures
by the 14th day after construction activity temporarily or permanently
ceased is precluded by snow cover or frozen ground conditions, stabilization
measures shall be initiated as soon as practicable;
(b)
Where construction activity on a portion of
the site is temporarily ceased, and earth-disturbing activities will
be resumed within 21 days, temporary stabilization measures need not
be initiated on that portion of the site.
(6)
The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the City of Schenectady Stormwater Management Officer or designated agent, the Stormwater Management Officer may issue a notice of violation (see § 148-18A) and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.
(7)
If seeding or another vegetative erosion control method
is used, it shall become established within 14 days or the applicant
may be required to re-seed the site or use a nonvegetative option.
(8)
Special techniques that meet the design criteria outlined
in the most recent version of "Standards and Specifications for Erosion
and Sediment Control" shall be used to ensure stabilization on steep
slopes or in drainageways.
(9)
Soil stockpiles must be stabilized or covered at the
end of each workday.
(10)
The entire site must be stabilized using a heavy
mulch layer or another method that does not require germination to
control erosion at the close of the construction season.
(11)
Techniques shall be employed to prevent the
blowing of dust or sediment from the site.
(12)
Techniques that divert upland runoff past disturbed
slopes shall be employed.
(13)
Adjacent properties shall be protected by the
use of a vegetated buffer strip in combination with perimeter controls.
(14)
In general, wetlands and watercourses should
not be filled, graded or altered. The crossing of watercourses should
be avoided to the maximum extent practicable. When protection of wetlands,
watercourses, trees, steep slopes or other environmentally sensitive
area is required, the location shall be shown on the erosion control
plan and the method of protection during construction identified (e.g.,
silt fence, construction fence, stakes, etc.). A vegetative buffer
(twenty-five-foot minimum) shall be maintained between disturbed areas
and protected federal wetlands that are not proposed to be filled
as part of an Army Corps of Engineers wetlands permit. In the case
of state designated wetlands, the adjacent area of 100 feet shall
not be disturbed without a NYS Department of Environmental Conservation
permit.
(15)
Stabilization shall be adequate to prevent erosion
located at the outlets of all pipes and paved/riprap channels.
(16)
Sediment shall be removed from sediment traps
or sediment ponds whenever their design capacity has been reduced
by 50%.
(17)
Development should relate to site conditions
and disturbance of steep slopes should be avoided. Grading should
be minimized by utilizing existing topography whenever possible. Roads
and driveways shall follow the natural topography to the greatest
extent possible.
(18)
In areas of severe slopes (exceeding 25%), land-disturbing
activities are not permitted. A twenty-five-foot buffer must be maintained
between any disturbed area and the top of slopes 25% and greater.
Any land development activity shall not result
in:
A.
An increase in turbidity that will cause a substantial
visible contrast to natural conditions;
B.
An increase in suspended, colloidal and settleable
solids that will cause deposition or impair the waters for their best
uses; or
C.
Residue from oil and floating substances, nor visible
oil film, or globules of grease.
A.
Stormwater Management Officer inspections.
(1)
The City of Schenectady Stormwater Management Officer
or designated agent may require such inspections as necessary to determine
compliance with this article and may either approve that portion of
the work completed or notify the applicant wherein the work fails
to comply with the requirements of this article and the SWPPP as approved.
To obtain inspections, the applicant shall notify the Stormwater Management
Officer or designated agent at least 48 hours before the following
as required by the SWPPP:
(a)
Start of construction and initial installation
of sediment and erosion controls;
(b)
Installation of sediment and erosion measures
as site clearing and grading progresses;
(c)
Completion of site clearing;
(d)
Completion of rough grading;
(e)
Completion of final grading;
(f)
Close of the seasonal land development activity;
(g)
Completion of final landscaping.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. Corrective actions may include the repair/restoration
of off-site impacts. Depending upon the severity of the violation,
in certain circumstances, no further work shall be conducted except
for site stabilization until any violations are corrected and all
work previously completed has received approval by the City of Schenectady
Stormwater Management Officer, or designated agent.
B.
The operator shall have a licensed/certified professional
conduct an assessment of the site prior to the commencement of construction
and certify in an inspection report that the appropriate erosion and
sediment controls described in the SWPPP have been adequately installed
or implemented to ensure overall preparedness of the site. Following
the commencement of construction, site inspections shall be conducted
by a licensed/certified professional at least every seven calendar
days and within 24 hours of the end of a storm event 0.5 inch or greater.
The purpose of such inspections will be to determine the overall effectiveness
of the plan and the need for additional control measures. During each
inspection, the licensed/certified professional shall record the following
information:
(1)
On a site map, indicate the extent of all disturbed
site areas and drainage pathways. Indicate site areas that are expected
to undergo initial disturbance or significant site work within the
next fourteen-day period;
(2)
Indicate on a site map all areas of the site that
have undergone temporary or permanent stabilization;
(3)
Indicate all disturbed site areas that have not undergone
active site work during the previous fourteen-day period;
(4)
Inspect all sediment control practices and record
the approximate degree of sediment accumulation as a percentage of
the sediment storage volume;
(5)
Inspect all erosion and sediment control practices
and record all maintenance requirements, such as verifying the integrity
of barrier or diversion systems and containment systems. Identify
any evidence of rill or gully erosion occurring on slopes and any
loss of stabilizing vegetation or seeding/mulching. Document any excessive
deposition of sediment or ponding water along barrier or diversion
systems. Record the depth of sediment within containment structures,
any erosion near outlet and overflow structures, and verify the ability
of rock filters around perforated riser pipes to pass water; and
(6)
All deficiencies that are identified with the implementation
of the SWPPP.
C.
A copy of the NOI and a brief description of the project
shall be posted at the construction site in a prominent place for
public viewing. A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the beginning
of construction activities to the date of final stabilization. The
SWPPP and inspection reports are public documents that the operator
must make available for inspection, review and copying by any person
within five business days of the operator receiving a written request
by such person to review the SWPPP and/or the inspection reports.
Copying of documents will be done at the requester's expense.
D.
The operator shall maintain a record of all inspection
reports in a site log book. The site log book shall be maintained
on site and be made available to the City of Schenectady upon request.
The operator shall post at the site, in a publicly accessible location,
a summary of the site-inspection activities on a monthly basis.
A.
Inspections of stormwater management practices (SMPs).
The City of Schenectady Stormwater Management Officer or designated
agent is responsible for conducting inspections of stormwater management
practices (permanent water quantity/quality improvement structures).
All operators are required to submit as-built plans certified by a
licensed/certified professional for any permanent stormwater management
practices located on site after final stabilization. [NOTE: "Final
stabilization" means that all soil-disturbing activities at the site
have been completed and a uniform perennial vegetative cover with
a density of 80% has been established or equivalent stabilization
measures (such as the use of mulches, or geotextile mats) have been
employed on all unpaved areas and areas not covered by permanent structures.]
Operators shall also provide the owner(s) of such structure(s) with
a manual describing the operation and maintenance practices that will
be necessary in order for the structure to function as designed. The
operator must also certify that the permanent structure(s) have been
constructed as described in the SWPPP. This certification can be accomplished
by providing to the City of Schenectady a copy of the notice of termination
(NOT) filed with the NYS DEC.
B.
All certified as-built plans, lands, structures, and/or
appurtenances to be dedicated to the City of Schenectady shall be
reviewed, inspected and approved by the City of Schenectady Stormwater
Management Officer or designated agent prior to City of Schenectady
acceptance.
C.
Notice of termination (NOT). Upon certification by the operators licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file an NOT as prescribed by the NYS DEC and file a copy with the City of Schenectady to notify them that they have complied with Subsection A and that the project is complete.
Inspection programs shall be established on
any reasonable basis, including but not limited to routine inspections;
random inspections; inspections based upon complaints or other notice
of possible violations; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include
but are not limited to reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
A.
Construction completion guarantee. The applicant or
developer may be required to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit, from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the City of Schenectady as the beneficiary.
The security shall be in an amount determined by the City of Schenectady
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
City of Schenectady, provided that such period shall not be less than
one year from the date of final acceptance or such other certification
that the facilities have been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the City of
Schenectady. Per annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the City of Schenectady with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion control facilities, the City of Schenectady may, upon
notification, draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
A.
The responsible board or municipal official is hereby
authorized to retain licensed/certified professionals as are determined
to be necessary to carry out the review of a SWPPP or to make regular
or final inspections of all control measures, lands, structures, and/or
appurtenances, to be dedicated to the City of Schenectady in accordance
with the approved plan.
B.
Payment for the services of such professionals is
to be made from funds deposited by the applicant with the City of
Schenectady in escrow accounts for such purposes.
C.
It shall be the responsibility of the applicant to
submit to the City of Schenectady certified check(s) in amounts equal
to the estimate of the licensed/certified professional for the cost
of services to be rendered. Estimates shall reflect reasonable costs
at prevailing rates. The City of Schenectady shall make payments to
said professional for services rendered to it upon acceptance by the
City of Schenectady of said service.
A.
Notice of violation. The operator and all contractors
and subcontractors must comply with all conditions of a SWPPP submitted
pursuant to this article. In the event that the City of Schenectady
determines that a land development activity is not being carried out
in accordance with the requirements of this article, the Stormwater
Management Officer, may issue a written notice of violation to the
operator/landowner, applicant and all contractors/subcontractors subject
to the provisions of this article. The notice of violation shall contain:
(1)
The name and address of the operator/landowner, developer,
or applicant;
(2)
The address of the site or a description of the building,
structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that can be
assessed against the person to whom the notice of violation is directed;
B.
Within 15 days of notification of violation (or as
otherwise provided by the City of Schenectady), the violator shall
take the remedial measures necessary to bring the land development
activity into compliance with this article.
C.
Stop-work order. The City of Schenectady Stormwater
Management Officer may issue a stop-work order for violation of this
article. Persons receiving a stop-work order shall be required to
halt all land development activities, except those activities that
address the violation(s) identified in the stop-work order. The stop-work
order shall be in effect until the City of Schenectady confirms that
the land development activity is in compliance and the violation has
been satisfactorily addressed. Failure to address a stop-work order
in a timely manner may result in civil, criminal, and/or monetary
penalties in accordance with this article.
D.
Penalties. Any person violating any of the provisions
of this article shall be deemed guilty of a misdemeanor, and each
day during which any violation of any of the provisions of this article
is committed, continued, or permitted shall constitute a separate
offense. Upon conviction of any such violation, such person, partnership,
or corporation shall be punished by a fine of not more than $250 for
each offense. In addition to any other penalty authorized by this
section, any person, partnership, or corporation convicted of violating
any of the provisions of this article shall be required to bear the
expense of such restoration. To the extent that the noncompliance
with this article constitutes a violation of the Clean Water Act and
the Environmental Conservation Law, there may be substantial criminal,
civil, and administrative penalties depending upon the nature and
degree of the offense.
E.
Withholding certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the City of Schenectady Building Inspector may prevent
the occupancy of said building or land.
[Adopted 12-20-2007 by L.L. No. 9-2007]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the City
of Schenectady 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 article
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 article 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 article; 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 article, unless a different
meaning is stated in a definition applicable to only a portion of
this article, the following terms will have meanings set forth below:
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 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.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
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 drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
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
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 148-24 of this article.
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.
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
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):
The City of Schenectady.
Any discharge to the MS4 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.
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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
that the discharge of stormwater authorized under their 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 municipality must take all necessary actions to ensure
future discharges do not cause or contribute to a violation of water
quality standards.
303(d) listed waters: the condition in the municipality'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.
Total maximum daily load (TMDL) strategy: the
condition in the municipality'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 MS4 discharges.
If the discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the municipality was required to modify
its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit
that applies if a TMDL is approved in the future by EPA for any water
body or watershed into which an MS4 discharges: Under this condition,
the municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality 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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee designated by the City of Schenectady to enforce
this article.
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. 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.
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.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article 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 article.
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 Mayor.
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.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless the Department or
the municipality has determined them to be substantial contributors
of pollutants: water line flushing or other potable water sources,
landscape irrigation or lawn watering, existing diverted stream flows,
rising groundwater, uncontaminated groundwater infiltration to storm
drains, uncontaminated pumped groundwater, foundation or footing drains,
crawl space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural
riparian habitat or wetland flows, dechlorinated swimming pool discharges,
residential street wash water, water from fire-fighting activities,
and any other water source not containing pollutants. Such exempt
discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with other
applicable laws and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, but requires notification to
the SMO prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Department,
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 MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 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
article if the person connects a line conveying sewage to the municipality's
MS4 or allows such a connection to continue.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the municipality'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.
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.
E.
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
B.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES permit
authorization.
A.
Best management practices. Where the SMO has identified illicit discharges as defined in § 148-20 or activities contaminating stormwater as defined in § 148-26, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(2)
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 148-20 or an activity contaminating stormwater as defined in § 148-24, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
B.
Repair or replace individual sewage treatment systems
as follows:
(1)
In accordance with 10 NYCRR, Appendix 75-A to the
maximum extent practicable.
(2)
A design professional licensed to practice in New
York State shall prepare design plans for any type of absorption field
that involves:
(3)
A written certificate of compliance shall be submitted
by the design professional to the municipality at the completion of
construction of the repair or replacement system.
A.
Illicit discharges in emergency situations. The SMO
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, to the health or welfare of persons, or to the
MS4. The SMO shall notify the person of such suspension within a reasonable
time thereafter in writing of the reasons for the suspension. If the
violator fails to comply with a suspension order issued in an emergency,
the SMO may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
article may have his or her MS4 access terminated if such termination
would abate or reduce an illicit discharge. The SMO will notify a
violator in writing of the proposed termination of its MS4 access
and the reasons therefor. The violator may petition the SMO for a
reconsideration and hearing. Access may be granted by the SMO if he/she
finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the
SMO determines in writing that the illicit discharge has not ceased
or is likely to recur. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the SMO.
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 municipality prior to the allowing of
discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this article,
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. 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 the SMO.
(2)
Facility operators shall allow the SMO ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
(3)
The municipality shall have the right to set up on
any facility subject to this article such devices as are necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the facility's stormwater discharge.
(4)
The municipality has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. 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)
Unreasonable delays in allowing the municipality access
to a facility subject to this article is a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the municipality reasonable
access to the facility for the purpose of conducting any activity
authorized or required by this article.
(6)
If the SMO 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 article, 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 article or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
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 municipality 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 municipality 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.
A.
Notice of violation.
(1)
When the municipality's SMO finds that a person has
violated a prohibition or failed to meet a requirement of this article,
he/she may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations
shall cease and desist;
(c)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and
reporting;
(e)
Payment of a fine; 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.
B.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, 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. Each week's continued violation shall constitute
a separate additional 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 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 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.
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.
This article shall be effective immediately
upon filing with the New York State Secretary of State.
