Town of Southeast, NY
Putnam County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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. 
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.
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:
[1] 
Relocating or extending an absorption area to a location not previously approved for such.
[2] 
Installation of a new subsurface treatment system at the same location.
[3] 
Using an alternate system or innovative system design or technology.
(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:
(1) 
The violation was unintentional.
(2) 
The violator has no history of pervious violations of this article.
(3) 
Environmental damage was minimal.
(4) 
The violator acted quickly to remedy the violation.
(5) 
The violator cooperated in investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at compliance workshops;
(2) 
Storm drain stenciling or storm drain marking; and
(3) 
River, stream or creek cleanup activities.
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.