[Adopted 12-20-2007 by L.L. No. 11-2007]
A.
No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater, except as provided in § 112-16A(1) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited, except as set forth below:
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless the NYSDEC or the
Town has determined them to be substantial contributors of pollutants:
water line flushing or other potable water sources, landscape irrigation
or lawn watering, existing diverted stream flows, rising groundwater,
uncontaminated groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains, roof drains, crawl
space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural
riparian habitats or wetland flows, dechlorinated swimming pool discharges,
residential street wash water, water from fire-fighting activities,
and any other water source not containing pollutants. Such exempt
discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
(2)
Discharges approved in writing by the SMSO 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 SMSO 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 verbal notification
to the SMSO 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 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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the Town's
MS4 or allows such a connection to continue.
No person shall operate a failing individual
sewage treatment system in areas tributary to the Town's storm sewer
system. A “failing individual sewage treatment system”
is one 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.
Activities that are subject to the requirements
of this section are those types of activities that:
A.
When the Town's SMSO finds that a person has violated
a prohibition or failed to meet a requirement of this article, he/she
may order compliance by written notice of violation to the responsible
person.
(1)
Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations
shall cease and desist;
(c)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and
reporting;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment
BMPs.
(2)
If abatement of a violation and/or restoration of
affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
B.
Where individual sewage treatment systems are contributing
flow to the Town's separate storm sewer system, the owner or operator
of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment 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, laundry wastes, and household chemicals.
(d)
Avoid the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems,
as necessary:
(a)
In accordance with 10 NYCRR Appendix 75A, to
the maximum extent practicable, and designed by a professional licensed
to practice in New York State who shall prepare design plans for any
type of absorption field that involves:
(b)
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.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Town's
coverage under GP-02-02, that person shall take all reasonable actions
to properly respond to such notification and to correct such activities
such that he or she no longer causes or contributes to violations
of the Town's coverage under GP-02-02 in accordance with the procedures
herein.
D.
The following notification and response procedures
shall be followed if illicit discharges or connections or activities
contaminating stormwater are identified:
(1)
The SMSO shall provide notification by certified or
registered mail, return receipt requested, and shall file a copy of
the notice with the Town Clerk within five days of identification
of an illicit discharge, connection or an activity contaminating stormwater.
(2)
A written response shall be provided from the person
notified, within five days of receipt of the notice of violation,
providing a brief description of the intended remedy to the violation.
(3)
A detailed response and related plans showing the
proposed remedy to the violation shall be submitted to the SMSO within
21 days of the receipt of the notice, along with any required forms
and payment of required fees as follows:
(a)
Additional copies of the response and plans
shall be provided as required by the SMSO.
(b)
The proposed remedy shall address the purposes
and intent of this article, appropriate BMPs, and all pertinent requirements
and standards contained in this article.
(c)
A copy of any other applications for land disturbance
or development activities on the site, including stormwater permits,
shall be provided.
(d)
The proposal shall include a reasonable timeline
for completion of the remedial activities.
(4)
A review of the response and plans shall be conducted
by the SMSO, or an authorized representative of the SMSO, and, as
deemed necessary, the Town Engineer and other officials or representatives
of the Town.
(5)
An on-site evaluation of the proposed remedy shall
be conducted by the SMSO, or an authorized representative of the SMSO,
and, as deemed necessary, the Town Engineer and other reviewers.
(6)
The detailed response and plans shall be revised and
resubmitted for additional review, including any necessary reports
or studies. The submitted materials shall be revised as requested
by the SMSO, or his authorized representative, the Town Engineer and
other reviewers until all concerns have been addressed.
(7)
The SMSO shall provide authorization to proceed with
the proposed remedy, including a specific timeline for completion
of BMPs and all related improvements.
(8)
Inspection of the site shall be conducted by the SMSO,
his authorized representative, or the Town Engineer during and after
site remediation.
E.
In addition to, or as an alternative to, any penalty
provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed misdemeanors, and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
Where the SMSO has identified illicit discharges or illicit connections or activities contaminating stormwater, as defined in § 112-4 and as set forth in §§ 112-16, 112-17, and 112-18 above, the Town may require implementation of best management practices (BMPs) to control those illicit discharges, connections and activities. Similarly, in response to a notice of violation, BMPs shall be employed, as necessary.
A.
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.
B.
Any person responsible for a property or premises
which is or may be the source of an illicit discharge or connection,
or an activity contaminating stormwater, 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.
C.
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
The following provisions apply to illicit discharges
resulting from emergency situations:
A.
The SMSO may, without prior notice, suspend discharge
access to the Town's storm sewer system 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 Town's storm sewer
system. The SMSO shall notify the person of such suspension within
a reasonable time thereafter, in writing, and of the reasons for the
suspension. If the violator fails to comply with a suspension order
issued in an emergency, the SMSO may take such steps as deemed necessary
to prevent or minimize damage to the Town's storm sewer system or
to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the Town's storm sewer system in violation
of this law may have his/her Town's storm sewer system access terminated
if such termination would abate or reduce an illicit discharge. The
SMSO will notify a violator, in writing, of the proposed termination
of its Town's storm sewer system access and the reasons therefor.
The violator may petition the SMSO for a reconsideration and hearing.
Access may be granted by the SMSO if he/she finds that the illicit
discharge has ceased and the discharger has taken steps to prevent
its recurrence. Access may be denied if the SMSO determines, in writing,
that the illicit discharge has not ceased or is likely to recur. A
person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this section, without the prior approval of
the SMSO.
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 Town prior to the allowing of discharges
to the MS4.
This section applies to all facilities that
the SMSO must inspect to enforce any provision of this article or
whenever the authorized enforcement agency has cause to believe that
there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article.
A.
The SMSO shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the SMSO.
B.
Facility operators shall allow the SMSO ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
C.
The Town shall have the right to set up on any facility
subject to this article such devices as are necessary, in the opinion
of the SMSO, to conduct monitoring and/or sampling of the facility's
stormwater discharge.
D.
The Town has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
E.
Any unreasonable delay in allowing the Town access
to a facility subject to this article is a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the Town reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article.
F.
If the SMSO has been refused access to any part of
the premises from which stormwater is discharged, and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, then the
SMSO may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of 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 Town, 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 Town 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.
Any person receiving a notice of violation may
appeal the determination of the SMSO to the Town Board within 15 days
of its issuance, which 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 Town Clerk and mail a copy
of its decision by certified mail to the discharger.
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 SMSO, then the SMSO
shall request the owner's permission for access to the subject private
property to take any all measures reasonably necessary to abate the
violation and/or restore the property.
B.
If refused access to the subject private property,
the SMSO 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
SMSO 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.
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 SMSO 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 civil
penalty, upon recommendation of the Town Attorney and concurrence
of the Code Enforcement Officer, 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.
