[HISTORY: Adopted by the Board of Trustees of the Village of Montebello
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-2006 by L.L. No. 3-2006]
The purpose of this article is to provide for the health, safety and
general welfare of the citizens of the Village of Montebello through the regulation
of nonstormwater discharges to the municipal separate storm sewer system (MS4)
to the maximum extent practicable as required by federal and New York 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 designated 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 storage and/or discharge of trash, yard waste, lawn chemicals,
pet waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment, snow and ice control chemicals,
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 and
any land disturbance requiring a municipal, New York State, or federal permit.
These activities include construction projects resulting in land disturbance.
Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
Any person who owns or is in control of real or personal property
that discharges, directly or indirectly, any material into the MS4.
Any material, including 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 has been previously allowed, permitted,
or approved by an authorized enforcement agency; and
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 § 158-5 of this article.
A facility, including septics, cesspools and similar facilities,
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 discharges 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 stormwater sewer system.
The Village of Montebello.
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of stormwater.
This includes any pollutants, as well as but not limited to trash, yard waste,
or pet waste.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm, corporation,
or other entity owning the property or having control of the property.
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, soil and industrial, municipal, and agricultural waste and ballast
discharged into water or any substance 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 and all chattel.
An employee, the Municipal Engineer or other public official(s) designated
by the Village of Montebello to enforce this article. The SMO may also be
designated by the municipality to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect stormwater
management practices and designate certain responsibilities pursuant to this
article to other employees or agents of the municipality.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to regulate
disturbance of one or more acres of land.
A permit under the New York State Pollutant discharge Elimination
System (SPDES) issued to operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to Waters of the United
States in accordance with the conditions and requirements set forth within
the Permit GP-02-02.
A permit issued by the NYSDEC that authorizes the discharge of pollutants
to waters of the state.
Discharge Compliance with Water Quality Standards. The condition that
applies where a municipality has been notified by NYSDEC that the discharge
of stormwater authorized under its 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 that 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.
TMDL (total maximum daily load) Strategy. The condition in the municipality's
MS4 permit where a TMDL including requirements for control of stormwater discharges
has been approved by the 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 the 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.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
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 NYSDEC 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.
The Stormwater Management Officer(s) [SMO(s)] shall administer, implement,
and enforce the provisions of this article.
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 § 158-5A(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 NYSDEC or the municipality has determined
them to be contributors of pollutants that could negatively impact water quality:
water line flushing or other potable water sources; landscape irrigation or
lawn watering; existing diverted stream flows; rising groundwater; groundwater
infiltration to storm drains; 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/debrominated swimming pool, spa and
pond discharges; residential street, driveway, home or deck wash water; water
from fire-fighting activities; and any other water source not containing pollutants.
Such exempt discharges shall be allowed only if uncontaminated.
(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 a written notification to the
SMO prior to the time of the test.
(4)
Any discharge permitted under an SPDES permit, waiver,
or waste discharge order issued to the discharger and administered under the
authority of the NYSDEC, 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. The discharger shall be required to file a copy
of said written approval with the MS4 prior to the discharge.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of any 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.
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 a system that 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.
Liquid level in the septic tank above the outlet invert.
E.
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.
F.
Contamination of off-site groundwater that can reasonably
be attributed to the individual sewage treatment system.
B.
Such activities include failing individual sewage treatment systems as defined in § 158-6, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
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 § 158-2, or activities contaminating stormwater, as defined in § 158-7, 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/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 and shall keep and maintain records
and logs of the inspection and maintenance of the BMPs and make them available
for inspection by the MS4 for a period of three years.
(2)
Any person responsible for a property that is, or may be, the source of an illicit discharge or an activity contaminating stormwater, as defined in § 158-7, 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, including the recordkeeping requirements described in § 158-8A(1).
(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 compliant with the provisions
of this section.
B.
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 158-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine scum and
sludge accumulation. Septic tanks must be pumped out whenever the bottom of
the scum layer is within three inches of the bottom of the outlet baffle or
sanitary tee or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of detergents,
kitchen wastes (including oil and grease), laundry wastes, and household chemicals;
and
(d)
Prohibit the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(e)
Most tanks should be pumped out every two to three years.
However, pumping may be more or less frequent depending on use. Inspection
of the tank for cracks, leaks and blockages should be done by the septage
hauler at the time of pumping of the tank contents.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR Appendix 75A and Article
IV of the Rockland County Sanitary Code.
(b)
A professional engineer licensed to practice in New York
State shall prepare design plans for any type of absorption field that involves:
(c)
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 written certificate of approval shall
be issued by the Rockland County Health Department after inspection of the
construction of the repair or replacement system.
A.
If it is necessary for the SMO to take action, 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 that 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 person 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. All
costs and expenses incurred by the SMO to remedy the situation, including
proper disposal, shall be assessed to the owner of the property. If the property
owner fails to pay same, it may become a lien against the property, subject
to a hearing a minimum of 10 days prior to the imposition of the tax lien.
B.
Suspension due to detection of illicit discharge. Any
person discharging to the municipality's MS4 in violation of this article
may have his/her MS4 access terminated if such termination would abate or
reduce an illicit discharge. The SMO will notify such person in writing of
the proposed termination of his/her MS4 access and the reasons therefor. The
person 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 person 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 a violation if the person reinstates
MS4 access to property 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 shall be required by the municipality in a form
acceptable to the NYSDEC prior to the allowing of discharges to the MS4.
A.
The SMO or his/her designee shall be permitted to enter
and inspect all properties subject to regulation under this article as often
as may be necessary to determine compliance with this article. If a person
has security measures in force that require proper identification and clearance
before entry into his/her premises, the person shall make the necessary arrangements
to allow access to the SMO.
B.
All persons shall allow the SMO ready access to all parts
of the property for the purposes of inspection, sampling, examination and
copying of records as may be required to implement this article.
C.
The municipality shall have the right to set up on any
property subject to this article such devices as are necessary in the opinion
of the SMO to conduct monitoring and/or sampling of the property's stormwater
discharge.
D.
The municipality has the right to require the properties
subject to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The property's sampling and
monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the person at his/her own expense. All devices used
to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
E.
Unreasonable delays in allowing the municipality access
to a property subject to this article is a violation of this article. A person
who is the operator of a property subject to this article commits an offense
if the person denies the municipality reasonable access to the property for
the purpose of conducting any activity authorized or required by this article.
F.
If the SMO has been refused access to any part of the
property 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 property or operation, or responsible for emergency response for a property
or operation, has information of any known or suspected release of materials
that 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, the municipality, and the responsible MS4 of the occurrence via
emergency dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the municipality and responsible MS4 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,
the SMO may order compliance by written notice of violation by certified mail
and/or posting of the property 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 reimbursement of any costs and/or
expenses incurred by the municipality relating to the violation; 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.
(2)
The municipality shall also have the right to issue an
appearance ticket for said violation.
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
$1,000 or imprisonment for a period not to exceed 15 days, 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
$1,000 nor more than $2,500 or imprisonment for a period not to exceed 15
days, 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 $2,500 nor more than $5,000 or imprisonment for a period not
to exceed 15 days, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article shall
be deemed offenses. Each week's continued violation shall constitute
a separate additional offense.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Village Board of Trustees within 15 days of its issuance,
which Board shall hear the appeal within 30 days after the filing of the appeal
and, within five days of making its decision, file its decision in the office
of the Municipal Clerk and mail a copy of its decision by certified mail to
said person.
A.
If the violation has not been corrected pursuant to the
requirements set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the municipal authority upholding
the decision of the SMO, then the SMO may request the person's permission
for access to the subject property to take any and all measures reasonably
necessary to abate the violation and/or restore the property. The cost of
implementing and maintaining such measures shall be the sole responsibility
of the person.
B.
If refused access to the subject property, the SMO may
seek a warrant in a court of competent jurisdiction to be authorized to enter
upon the property to take any and all measures reasonably necessary to abate
the violation and/or restore the property. The cost of implementing and maintaining
such measures shall be the sole responsibility of the person.
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.
A.
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a penalty, upon
recommendation of the Village of Montebello's Attorney and concurrence
of the SMO, where:
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 in full force and effect upon filing with the
Secretary of State or within 10 days after its final passage and adoption,
whichever is later. All prior laws and parts of law in conflict with the article
are hereby repealed.
This article is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law of the State of New York, the Clean Water Act, the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and the regulations of the State of New York regarding Stormwater Management, Article I, Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems.
[Adopted 5-16-2007 by L.L. No. 3-2007[1]]
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 base flow.
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 residing within this jurisdiction and to address the findings of fact in § 158-22 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 ensure that these management practices are properly maintained
and eliminate threats to public safety.
This article is adopted pursuant to the authority granted by § 10
of the Municipal Home Rule Law of the State of New York.
A.
This article shall be applicable to all land development activities as defined in this article, § 158-27.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater Management
Officer may:
(1)
Review the plans;
(2)
Upon approval by the Board of Trustees of the Village
of Montebello, engage the services of a registered professional engineer to
review the plans, specifications and related documents at a cost not to exceed
a fee schedule established by said governing board; or
(3)
Accept the certification of a licensed professional that
the plans conform to the requirements of this article.
C.
All land development activities subject to review and
approval by the applicable board of the Village of Montebello under subdivision,
site plan and/or special permit regulations shall be reviewed subject to the
standards contained in this article.
The following activities are 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.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a final plat for the subdivision
has been approved by the Village of Montebello on or before the effective
date of this article.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this article.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life,
property or natural resources.
J.
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.
K.
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.
A person requesting permission to engage in land disturbance 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.
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
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.
A person, partnership, corporation or public agency that organizes
or directs land development activity.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue Book."
A State Pollutant Discharge Elimination System permit issued to a
commercial industry or group of industries that regulates the pollutant levels
associated with industrial stormwater discharges or specifies on-site pollution
control strategies.
The process of percolating stormwater into the subsoil.
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, which common plan is likely to disturb an acre
or more of land.
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.
A legally recorded document that acts as a property deed restriction
and which provides long-term maintenance of stormwater management practices.
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.
The New York State Department of Environmental Conservation.
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.
A certified professional in erosion and sediment control (CPESC),
professional engineer (PE), registered landscape architect and/or soil scientist.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to regulate
disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from municipal
separate storm sewers for compliance with EPA-established water quality standards
and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations of hydrocarbons,
trace metals or toxicants than that found in typical stormwater runoff, based
on monitoring studies.
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.
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
review stormwater pollution prevention plans, forward the plans to the applicable
municipal board 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.
A plan for controlling stormwater runoff and pollutants from the
site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
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.
Any permanent or intermittent natural or artificial stream, river,
creek, ditch, channel, canal, conduit, culvert, rain, waterway, gully, or
ravine, in and including any area adjacent thereto, in which water normally
flows.
A.
Stormwater pollution prevention plan required. No application
for approval of a land development activity shall be approved until the appropriate
board has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications in this article.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the project,
including location, type and size of the project;
(b)
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 with dimensions; areas of disturbance; areas that will
not be disturbed; existing vegetation; on-site and adjacent off-site surface
water(s); wetlands and drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of off-site material, waste,
borrow or equipment storage areas; and location(s) of the stormwater discharge(s).
Site maps, for clarity, should be no smaller than one inch equals 60 feet
or as approved by the Planning Board.
(c)
A description of the soil(s) present at the site;
(d)
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. Consistent with the New York Standards
and Specifications for Erosion and Sediment Control (Erosion Control Manual),
not more than one acre shall be disturbed at any one time unless pursuant
to an approved SWPPP;
(e)
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 stormwater runoff;
(f)
A description of all 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;
(g)
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
closeout;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent
control measures;
(k)
An implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice should remain in place;
(l)
A maintenance schedule to ensure continuous and effective
operation of the erosion sediment control practice;
(m)
Names and identification numbers (where assigned) of
the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
A description of structural practices designed 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; and
(p)
Any existing data that describes the stormwater runoff
at the site.
(2)
Land development activities as defined in § 158-27 of this article and meeting Condition "A," "B" or "C" below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either impaired water identified
on the NYSDEC 303(d) list of impaired waters or a total maximum daily load
(TMDL) designated watershed for which pollutants in stormwater have been identified
as a source of the impairment.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more areas.
(c)
Condition C: stormwater runoff from land development
activity disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences and
construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
A description of each postconstruction stormwater management
practice.
(c)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms.
(e)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(g)
A maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(h)
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and repair.
Easements shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(i)
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 158-30 of this article.
(j)
For Condition A, the SWPPP shall be prepared by a landscape
architect, a certified professional in erosion and sediment control (CPESC)
or a professional engineer and must be signed by the professional preparing
the plan, who shall certify that the design of all stormwater management practices
meet the requirements in this article.
C.
Other permits. The applicant shall assure that all other
applicable permits have been or will be acquired for the land development
activity prior to approval of the final stormwater design plan.
D.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP
who will be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification statement
before undertaking any land development activity: "I certify under penalty
of law that I understand and agree to comply with the terms and conditions
of the stormwater pollution prevention plan. I also understand that it is
unlawful for any person to cause or contribute to a violation of water quality
standards."
(2)
The certification must include the name and title of
the person providing the signature, address and telephone number of the contracting
firm; the address (or other identifying description) of the site; and the
date the certification is made.
(3)
The certification statement(s) shall become part of the
SWPPP for the land development activity.
E.
A copy of the SWPPP and all inspection reports shall
be retained at the site of the land development activity during construction
from the date of initiation of construction activities to the date of final
stabilization.
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 law.
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 158-29A, and the SWPPP shall be prepared by a licensed professional.
C.
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
(6 NYCRR Part 703.2).
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
or its representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve compliance
with the conditions of this article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced by
50%.
(2)
For land development activities as defined in § 158-27 of this article and meeting Condition A, B or C in § 158-28B(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or more often as required by the SMO and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
The applicant or developer or its representative shall
be on site at all times when construction or grading activity takes place
and shall inspect and document the effectiveness of all erosion and sediment
control practices.
B.
Maintenance easement(s). Prior to the issuance of any
approval that has a stormwater management facility as one of the requirements,
the applicant or developer must execute a maintenance easement that shall
be binding on all subsequent landowners served by the stormwater management
facility. The easement shall provide for access to the facility for periodic
inspection by the Village of Montebello to ensure that the facility is maintained
in proper working condition to meet design standards and any other provisions
established by this article. The easement shall be recorded by the grantor
in the office of the County Clerk after approval by the counsel for the Village
of Montebello. This easement shall not impose any obligation on the Village
of Montebello to maintain or repair the stormwater management facility.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance with
this article shall ensure they are operated and maintained to achieve the
goals of this article. Proper operation maintenance also includes, at a minimum,
the following:
(1)
A preventive/corrective maintenance program for all facilities
and systems of treatment and control (or related appurtenances) which are
installed or used by the owner or operator to achieve the goals of this article.
(2)
Written procedures for operation and maintenance and
training of maintenance personnel.
D.
Maintenance agreements. The Village of Montebello shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this article[1] entitled "Sample Stormwater Control Facility Maintenance Agreement."
The Village of Montebello, in lieu of a maintenance agreement, at its sole
discretion, may accept dedication of any existing or future stormwater management
facility, provided that such facility meets all requirements of this article
and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule B is on file in the Village Offices.
A.
Erosion and sediment control inspection.
(1)
The Village of Montebello Stormwater Management Officer
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 stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall notify the Village of Montebello
enforcement official at least 48 hours before any of the following, as required
by the Stormwater Management Officer:
(a)
Start and/or resumption of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping areas.
(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. 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 Stormwater Management Officer.
B.
Stormwater management practice inspections. The Village
of Montebello Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants are
required to submit as-built plans for any stormwater management practices
located on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities and
must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project completion.
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; inspection of drainage
basins or areas identified as higher-than-typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
associated with higher-than-usual discharges of contaminants or pollutants
or with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; 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 control facilities;
and evaluating the condition of drainage control facilities and other stormwater
management practices.
D.
Submission of reports. The Village of Montebello Stormwater
Management Officer may require monitoring and reporting from entities subject
to this article as are necessary to determine compliance with this article.
E.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Montebello the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C of this section.
A.
Construction Completion Guarantee. In order to ensure
the full and faithful completion of all land development activities related
to compliance with all conditions set forth by the Village of Montebello in
its approval of the stormwater pollution prevention plan, the Village of Montebello
may require the applicant or developer 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 Village of Montebello as the beneficiary. The security
shall be in an amount to be determined by the Village of Montebello 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 Village of Montebello, provided
that such period shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) 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 Village of Montebello. 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 Village of Montebello 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 and sediment control facilities, the Village
of Montebello may draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Village of Montebello may require
entities subject to this article to maintain records demonstrating compliance
with this article.
A.
Notice of violation. When the Village of Montebello determines
that a land development activity is not being carried out in accordance with
the requirements of this article, it may issue a written notice of violation
to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant.
(2)
The address, when available, 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 shall or
may be assessed against the person to whom the notice of violation is directed.
(6)
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of service of the notice of violation.
B.
Stop-work orders. The Stormwater Management Officer (SMO)
may issue a stop-work order for violations of this article. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the SMO 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 or criminal penalties or injunction in accordance
with the enforcement measures authorized in this article.
C.
Violations. Any land development activity that is commenced
or is conducted contrary to this article may be restrained by injunction or
otherwise abated in a manner provided by law.
D.
Penalties.
(1)
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 $1,000 for conviction
of a first offense; for conviction of a second offense, both of which are
committed within a period of five years, punishable by a fine not less than
$1,000 nor more than $2,500 or imprisonment for a period not to exceed 15
days, 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 $2,500 nor more than $5,000 or imprisonment for a period not
to exceed 15 days, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article shall
be deemed offenses. Each week's continued violation shall constitute
a separate additional offense.
(2)
In addition to any other penalties provided for herein,
any person who violates any provision of this article shall be liable for
a civil penalty not to exceed $3,000 for each such violation. No such penalty
shall be imposed until the Board of Trustees has held a public hearing, upon
due notice, and has made a determination that such violation has occurred
and has made findings of fact relating to said determination. The alleged
violator shall have a right to specification of the charges and to be represented
by counsel at such hearing. Each day such violation shall continue shall be
deemed to be a separate, distinct and additional offense. Any civil penalty
or order issued by the Board of Trustees shall be reviewable pursuant to Article
78 of the Civil Practice Law and Rules within 30 days after the filing of
such penalty or order in the office of the Village Clerk and mailing a copy
thereof to the violator.
E.
Certificate of occupancy. No certificate of occupancy
(CO) shall be issued for any building or structure in connection with any
land development activity that is subject to the article unless the SMO has
certified that the work has been installed or conducted in compliance with
this article.
F.
Restoration of lands. Any violator may be required to
restore land to its undisturbed condition, including, but not limited to,
the restoration of walls, replacement of trees or any other relevant feature
of the property adversely affected by the violation. In the event that restoration
is not undertaken within the time stated in the notice, the Village of Montebello
may take necessary corrective action, the cost of which shall become a lien
in the nature of a tax lien upon the property until paid. In addition, any
fees, penalties or other costs imposed by the municipality against the violator
in order to obtain compliance with this article shall be assessed against
the property in the nature of a tax lien until paid. No such lien shall take
effect until the Board of Trustees has held a public hearing upon 10 days'
notice to the violator, advising him/her that a lien will be imposed upon
the affected property and the amount thereof. The violator shall have an opportunity
to appear and give evidence at the public hearing and to be represented by
counsel. Any person aggrieved by a decision of the Board of Trustees may appeal
such decision to the New York State Supreme Court in an Article 78 proceeding
pursuant to the Civil Practice Law and Rules within 30 days after such decision
has been filed in the office of the Village Clerk and a copy mailed by regular
mail to the violator.
The Village of Montebello may require any person undertaking land development
activities regulated by this article to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections or SMP maintenance performed by the
Village of Montebello or performed by a third party for the Village of Montebello.
The municipality shall determine the amount to be paid by the said person
into an escrow account to be held by the municipality. The costs incurred
by the municipality shall be reimbursed from the escrow account. The escrow
account shall be replenished by the person undertaking the land development
activity on an as-needed basis.
