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. Cause or contribute to a violation of the Town's coverage
under GP-02-02 or its successor SPDES general permit.
B. Cause or contribute to the Town being subject to the special conditions as defined in §
112-4, Definitions, of this article.
C. Include failing individual sewage treatment systems as defined in §
112-17, improper management of pet waste or any other activity that causes or contributes to violations of the Town's coverage under GP-02-02 or its successor SPDES general permit.
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.
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.
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.