[HISTORY: Adopted by the Board of Trustees
of the Village of Pelham 1-8-2008 by L.L. No. 2-2008. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Illegal Discharges and Illicit Connections Law of the Village
of Pelham."
A.
The purpose of this chapter is to provide for the
health, safety, and general welfare of the citizens of the Village
of Pelham 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 chapter 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.
B.
The objectives of this chapter are:
(1)
To regulate the contribution of pollutants to the
MS4, since such systems are not designed to accept, process or discharge
nonstormwater wastes;
(2)
To prohibit illegal discharges and illicit connections
to the MS4;
(3)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this chapter.
Whenever used in this chapter, unless a different
meaning is stated in a definition applicable to only a portion of
this chapter, 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.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of 2,000 square feet or more.
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 direct or indirect nonstormwater discharge to the MS4, except as exempted in § 57-6 of this chapter.
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 but not limited to 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.
Activities requiring the SPDES Permit for Discharges From
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
Facilities owned by the Village of Pelham through which stormwater
is collected and/or conveyed, including but not limited to 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.
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 or lessee.
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.
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 construction activity.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A permit issued by the New York State Department of Environmental
Conservation that authorizes the discharge of pollutants to waters
of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector or his representative as designated
by the Mayor and the Village Board of Trustees
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This chapter 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 shall administer,
implement, and enforce the provisions of this chapter. The Stormwater
Management Officer may delegate any powers granted or duties imposed
herein.
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 § 57-6A(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 chapter: 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, water from fire-fighting activities, and
any other water source not containing pollutants.
(2)
Discharges approved in writing by the Stormwater Management
Officer to protect public health and safety.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, but requires a verbal notification
to the Stormwater Management Officer 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 the New
York State Department of Environmental Conservation, 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 municipal separate storm sewer system
is prohibited.
(2)
The 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
chapter if the person connects a line conveying sewage to the Village's
municipal separate storm sewer system or allows such a connection
to continue.
A.
The Stormwater Management Officer 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 Stormwater
Management Officer 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 Stormwater Management Officer 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 illegal discharge.
Any person discharging to the Village's MS4 in violation of this chapter
may have his or her MS4 access terminated if such termination would
abate or reduce an illegal 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 illegal 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 illegal 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 Village prior to the allowing of discharges
to the MS4.
A.
Applicability. This section applies to all facilities
that the Stormwater Management Officer must inspect to enforce any
provision of this chapter, or whenever he has cause to believe that
there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this chapter
B.
Access to facilities.
(1)
The Stormwater Management Officer shall be permitted
to enter and inspect facilities subject to regulation under this chapter
as often as may be necessary to determine compliance with this chapter.
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 Stormwater
Management Officer
(2)
Facility operators shall allow the Stormwater Management
Officer 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 chapter.
(3)
The Village shall have the right to set up on any
facility subject to this chapter such devices as are necessary in
the opinion of the Stormwater Management Officer to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The Village has the right to require the facilities
subject to this chapter to install monitoring equipment as is reasonably
necessary to determine compliance with this chapter. 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 Village access
to a facility subject to this chapter is a violation of this chapter.
A person who is the operator of a facility subject to this chapter
commits an offense if the person denies the Village reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this chapter.
(6)
If the Stormwater Management Officer 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 chapter, 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 chapter 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 this chapter,
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 Village 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 Village 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. When the Village's SMO finds
that a person has violated a prohibition or failed to meet a requirement
of this chapter, he/she may order compliance by written notice of
violation to the responsible person. Such notice may require, without
limitation:
(1)
The elimination of illicit connections or illegal
discharges
(2)
That violating discharges, practices, or operations
shall cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment
best management practices.
B.
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 the Village or a contractor designated by the Village and the expense
thereof shall be charged to the violator.
C.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $500 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 $500 nor more than
$1,000 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 $1,000 nor more than $2,500 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 chapter 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.
Any person receiving a notice of violation may
appeal the determination of the stormwater management officer to the
Village Board of Trustees within 15 days of its issuance. The Village
Board of Trustees shall hear the appeal within 30 days after its filing.
Within five days of making its decision, the Village Board of Trustees
shall file same in the office of the Village Clerk and mail a copy
by certified mail to the charged party.
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
Village Board of Trustees upholding the decision of the stormwater
management officer (SMO), then the SMO shall request the owner's permission
for access to the subject private property to take any and all measures
reasonably necessary to abate the violation and/or restore the property.
B.
If refused access to the subject private property,
the SMO may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation
has occurred. Upon determination that a violation has occurred, the
SMO may seek a court order 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 discharger.
C.
Within 10 days after abatement of the violation by
or under authorization of the SMO, the owner of the property will
be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest with the Village Board
of Trustees objecting to the amount of the charges within 10 days
of receipt of said notice. If the amount due is not paid within 30
days after the disposition of any protest or the expiration of the
time to file an appeal, whichever is earlier, the charges shall become
a lien on the property to be collected in the same manner as real
estate taxes.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
chapter. If a person has violated or continues to violate the provisions
of this chapter, the Stormwater Management Office 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 chapter 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 chapter 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.
If the provisions of any section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this chapter.
