[HISTORY: Adopted by the Town Board of the Town of Hyde Park 12-17-2007
by L.L. No. 13-2007. Amendments noted where applicable.]
A.
Purpose and intent. This chapter shall be entitled, "Illicit
Discharges." The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Hyde Park 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.
Objectives. The objectives of this chapter are:
(1)
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended or
revised;
(2)
To provide a procedure for the general public and municipal
employees to report potential illicit discharges.
(3)
To regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process or discharge nonstormwater
wastes;
(4)
To prohibit illicit connections, activities and discharges
to the MS4;
(5)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this chapter; and
(6)
To promote public awareness of the hazards involved in
the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products, hazardous
waste, sediment and other pollutants into the MS4.
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.
Activities requiring authorization under the SPDES Permit for Stormwater
Discharges From Construction Activity, GP-02-01, as amended or revised. These
activities include construction projects resulting in land disturbance of
one or more acres. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer.
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 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 treated
or untreated sewage, process wastewater, and or 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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 71-5 of this chapter.
A facility serving one or more parcels of land or residential households,
or a private, commercial or institutional facility, that treats sewage or
other liquid wastes for discharge into the groundwaters of New York State,
except where a permit for such a facility is required under the applicable
provisions of Article 17 of the Environmental Conservation Law.
Activities requiring the SPDES Permit for Discharges From Industrial
Activities Except Construction, GP-98-03, as amended or revised.
Municipal separate storm sewer system.
The Town of Hyde Park.
A conveyance or system of conveyances (including 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.
Dredged spoil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
petroleum-based materials, household hazardous waste, 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.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards: the condition that
applies where a municipality has been notified that the discharge of stormwater
authorized under their MS4 permit may have caused or has the reasonable potential
to cause or contribute to the violation of an applicable water quality standard.
Under this condition, the municipality must take all necessary actions to
ensure future discharges do not cause or contribute to a violation of water
quality standards.
303(d) listed waters: the condition in the municipality's MS4 permit
that applies where the MS4 discharges to a 303(d) listed water. Under this
condition, the stormwater management program must ensure no increase of the
listed pollutant of concern to the 303(d) listed water.
Total maximum daily load (TMDL) strategy: the condition in the municipality's
MS4 permit where a TMDL including requirements for control of stormwater discharges
has been approved by EPA for a water body or watershed into which the MS4
discharges. If the discharge from the MS4 did not meet the TMDL stormwater
allocations prior to September 10, 2003, the municipality was required to
modify its stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies if
a TMDL is approved in the future by EPA for any water body or watershed into
which an MS4 discharges. Under this condition, the municipality must review
the applicable TMDL to see if it includes requirements for control of stormwater
discharges. If an MS4 is not meeting the TMDL stormwater allocations, the
municipality must, within six months of the TMDL's approval, modify its
stormwater management program to ensure that reduction of the pollutant of
concern specified in the TMDL is achieved.
A permit issued by the Department that authorizes the discharge of
pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the municipal engineer or other public official(s) designated
by the Town of Hyde Park to enforce this chapter. The SMO may also be designated
by the municipality to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
A list of all surface waters in the state for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial use) are
impaired by pollutants, prepared periodically by the Department as required
by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries,
lakes and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released into
a water body so as not to impair uses of the water allocated among the sources
of that pollutant.
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(s) [SMO(s)] shall administer, implement,
and enforce the provisions of this chapter. Such powers granted or duties
imposed upon the authorized enforcement official may be delegated in writing
by the SMO as may be authorized by the municipality.
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 Subsection A(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, unless the Department or the municipality has
determined them to be substantial contributors of pollutants: water line flushing
or other potable water sources, existing diverted stream flows, rising groundwater,
uncontaminated groundwater infiltration to storm drains, uncontaminated pumped
groundwater, foundation or footing drains (provided there are no connecting
floor drains), crawl space or basement sump pumps, air conditioning condensate,
springs, water from individual residential car washing, natural riparian habitat
or wetland flows, de-chlorinated 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 SMO 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 SMO may deem
appropriate to protect such life and property while reasonably maintaining
the purpose and intent of this chapter.
(3)
Dye testing for determining storm drain flow patterns
only, in compliance with applicable state and local laws is an allowable discharge,
but requires a verbal notification to the SMO 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 Department, 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 chapter
if the person connects a line conveying sewage to the municipality's
MS4 or allows such a connection to continue.
A.
Failing individual sewage treatment systems. No persons
shall operate a failing individual sewage treatment system in areas tributary
to the municipality's MS4. A failing individual sewage treatment system
is one that has one or more of the following conditions:
(1)
The backup of sewage into a structure.
(2)
Discharges of treated or untreated sewage onto the ground
surface.
(3)
A connection or connections to a separate stormwater
sewer system.
(4)
Liquid level in the septic tank above the outlet invert.
(5)
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.
(6)
Contamination of off-site groundwater.
B.
Notification. Upon receiving notification of a potential
sewage treatment system failure, the SMO shall visit the subject property
to confirm the failure. Upon confirmation, the SMO shall provide written notification
to the Dutchess County Department of Health (DCDOH) and copy the affected
property owner on the potential sewage treatment system failure. DCDOH has
jurisdiction on individual sewage treatment systems. The SMO shall be responsible
for continued follow-up with the DCDOH to ensure action is being taken to
correct the failure.
A.
Activities that are subject to the requirements of this
section are those types of activities that:
B.
Such activities include failing individual sewage treatment systems as defined in § 71-6, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or contributes
to violations of the municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the SMO has identified illicit discharges as defined in § 71-2 or activities contaminating stormwater as defined in § 71-7, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at his or 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.
(2)
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 71-2 or an activity contaminating stormwater as defined in § 71-7, 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.
(3)
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.
Illicit discharges in emergency situations:
A.
Emergency or imminent and substantial danger. The SMO
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 SMO 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 SMO 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 illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
chapter may have their MS4 access terminated if such termination would abate
or reduce an illicit 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 illicit 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 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 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 municipality
prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this chapter, 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 chapter.
B.
Access to facilities.
(1)
The SMO 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
SMO.
(2)
Facility operators shall allow the SMO 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 municipality shall have the right to set up on any
facility subject to this chapter such devices as are necessary in the opinion
of the SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality 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 municipality 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 municipality reasonable access to the facility for
the purpose of conducting any activity authorized or required by this chapter.
(6)
If the SMO 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 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 the MS4, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release, and notify the New York State Department
of Environmental Conservation (NYSDEC) when required. 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 and notify
the NYSDEC. In the event of a release of nonhazardous materials, said person
shall notify the municipality 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 municipality 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.
(1)
When the municipality'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:
(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.
Penalties. In addition to, or as an alternative to any
penalty provided herein, or by other regulatory agency laws, any person who
violates the provisions of this chapter 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
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 SMO to the Town Board of the Town of Hyde Park within 30 days of service
of the notice of violation, 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 municipal clerk and mail a copy of its decision
by certified mail to the person held accountable for the violating these provisions.
A.
Entry onto property for purposes of abatement. 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 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.
Search warrant. 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.
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 SMO 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 chapter,
subject to approval by the Town Board, he/she may be eligible for alternative
remedies in lieu of a civil penalty, upon recommendation of the Municipal
Attorney and concurrence of the Zoning Administrator, 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 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.
All correspondence and any other data relating to a illicit discharge
within the MS4 shall be kept on file in the Hyde Park Town Hall.
A.
Supersession. This chapter is enacted under the authority
of the Municipal Home Rule Law § 10(1), Subparagraphs (i) and (ii)(a)(12).
To the extent that it is inconsistent with any other law, other than a general
law, it is the intent of the Hyde Park Town Board that such law be superseded
by this chapter.
B.
Severability. If any part or provision of this chapter
or the application thereof to any person or circumstance be adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined in
its operation to the part or provision or application directly involved in
the controversy in which such judgment shall have been rendered and shall
not affect or impair the validity of the remainder of this chapter or the
application thereof to other persons or circumstances, and the Town of Hyde
Park hereby declares that it would have passed this chapter or the remainder
thereof had such invalid application or invalid provision been apparent.
C.
Effective date. This chapter shall take effect on January
1, 2008. All prior laws and parts of law in conflict with this chapter are
hereby repealed.
