[Adopted 2-12-2007 by L.L. No. 2-2007]
The purpose of this article is to provide for the health, safety, and
general welfare of the citizens of the Village of Ballston Spa through the
regulation of nonstormwater discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants into the
municipal separate storm sewer system (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit process.
The objectives of this article are:
A. To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by stormwater discharges by any user;
B. To prohibit illicit connections and discharges to the
municipal separate storm sewer system;
C. To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this article.
As used in this article, the following terms shall have the meanings
indicated:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. Currently these
include construction projects resulting in land disturbance of five acres
or more. Beginning in March 2003, NPDES Stormwater Phase II permits will be
required for construction projects resulting in land disturbance of one acre
or more. Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
172-7A(2) of this article.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the storm drain system, including but
not limited to any conveyances which allow any nonstormwater discharge including
sewage, process wastewater, and wash water to enter the storm drain system
and any 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
B.
Any drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined in 40 CFR
§ 122.26(b)(14).
PERSON
Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the
owners agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and
other automotive fluids; non-hazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land whether improved
or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and human-made or altered drainage channels,
reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices and activities
to be implemented by a person or business to identify sources of pollution
or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving
waters to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain system
generated on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Village of Ballston Spa shall administer, implement, and enforce
the provisions of this article. Any powers granted or duties imposed upon
the authorized enforcement agency may be delegated in writing by the Director
of the authorized enforcement agency to persons or entities acting in the
beneficial interest of or in the employ of the agency.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or the application
thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this
article.
The standards set forth herein and promulgated pursuant to this article
are minimum standards; therefore this article does not intend nor imply that
compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants.
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the Village
of Ballston Spa prior to the allowing of discharges to the MS4.
The Village of Ballston Spa will adopt requiremnts identifying best
mangement practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of stormwater, the storm drain
system, or waters of the United States. The owner or operator of a commercial
or industrial establishment shall provide, at its own expense, reasonable
protection from accidental discharge of prohibited materials or other wastes
into the municipal storm drain system or watercourses through the use of these
structural and nonstructural BMPs. Further, any person responsible for a property
or premises, which is, or may be, the source of an illicit discharge may be
required to implement, at said person's expense, additional structural
and nonstructural BMPs to prevent the further discharge of pollutants to the
municipal separate storm sewer system. Compliance with all terms and conditions
of a valid NPDES permit authorizing the discharge of stormwater associated
with industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPP) as necessary for compliance with requirements
of the NPDES permit.
Every person owning property through which a watercourse passes, or
such person's lessee, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or significantly retard the flow
of water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse, so
that such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a facility
or operation has information of any known or suspected release of materials
which are resulting or may result in illegal discharges or pollutants discharging
into stormwater, the storm drain system, or water of the United States, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous materials
said person shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the authorized enforcement agency in person
or by phone or facsimile no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed and mailed
to the Village of Ballston Spa within three business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain
an on-site written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for at least three years.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be received
within 10 days from the date of the notice of violation. Hearing on the appeal
before the appropriate authority or its designee shall take place within 15
days from the date of receipt of the notice of appeal. The decision of the
municipal authority or its designee shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal, within
10 days of the decision of the municipal authority upholding the decision
of the authorized enforcement agency, then representatives of the authorized
enforcement agency shall enter upon the subject private property and are authorized
to take any and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person, owner, agent or person
in possession of any premises to refuse to allow the government agency or
designated contractor to enter upon the premises for the purposes set forth
above.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this article. If a person has violated
or continues to violate the provisions of this article, the authorized enforcement
agency may petition for a preliminary or permanent injunction restraining
the person from activities which would create further violations or compelling
the person to perform abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties, and remedies authorized
by this article, the authorized enforcement agency may impose upon a violator
alternative compensatory actions, such as storm drain stenciling, attendance
at compliance workshops, creek cleanup, etc.
In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions
of this article is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored at
the violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken.
Any person that has violated or continues to violate this article shall
be liable to criminal prosecution to the fullest extent of the law, and shall
be subject to a criminal penalty of $250 per violation per day and/or imprisonment
for a period of time not to exceed 15 days per violation. The authorized enforcement
agency may recover all attorney's fees, court costs and other expenses
associated with enforcement of this article, including sampling and monitoring
expenses.
The remedies listed in this article are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.