[Added 12-3-2007 by L.L. No. 11-2007]
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the Village;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety;
I.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Village and to address the findings of fact set forth in § 128-101 of this article. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities GP-02-01, or as amended
or revised;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
A.
This article shall be applicable to all land development
activities as defined in this article.
B.
The Village shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and may accept the certification of a licensed professional
that the plans conform to the requirements of this article.
C.
All land development activities subject to review
and/or approval by any Board of the Village shall be reviewed subject
to the standards contained in this article.
The following activities may be exempt from
review under this article:
A.
Agricultural activity as defined in this article.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
C.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Board of Trustees on or before the effective
date of this article.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this article.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or holes.
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by
that person and his or her family.
K.
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents
prepared or reviewed under this article shall have the meaning as
set forth in this section.
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g. building rooftops, pavement,
sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge System
(SPDES) issued to municipalities to regulate discharges from municipal
separate storm sewers for compliance with EPA established water quality
standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the Board of Trustees
to accept and review stormwater pollution prevention plans, forward
the plans to the applicable Village Board and inspect stormwater practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York, and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the State of New York or within its jurisdiction. Storm
sewers and waste treatment systems, including treatment ponds or lagoons,
which also meet the criteria of this definition, are not waters of
the state. This exclusion applies only to man-made bodies of water
which neither were originally created in waters of the state (such
as disposal area in wetlands) nor resulted from impoundment of waters
of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
No application for approval of a land development
activity shall be reviewed until the appropriate Board has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this article. All SWPPPs shall provide
the following background information and erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project.
(2)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste borrow or equipment
storage areas; and location(s) of the stormwater discharge(s).
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff.
(6)
Description of the construction and waste materials
expected to be stored on site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill-prevention and response.
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project. from initial land clearing
and grubbing to project closeout.
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice.
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to
permanent control measures.
(11)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place.
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice.
(13)
Name(s) of the receiving water(s).
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site.
(15)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable.
(16)
Any existing data that describes the stormwater
runoff at the site.
B.
Land development activities as defined in this article
and meeting Condition A, B or C below shall also include water quantity
and water quality controls (postconstruction stormwater runoff controls)
as set forth below, as applicable:
(1)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(3)
Condition C: Stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
C.
SWPPP requirements for Conditions A, B and C:
(1)
All information required by this section, as set forth
above.
(2)
Description of each postconstruction stormwater management
practice.
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice.
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevdopment conditions.
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(8)
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and
repair. Easements shall be recorded on the plan and shall remain in
effect with transfer of title to the property.
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 128-108 below.
(10)
For Condition A, the SWPPP shall be prepared
by a landscape architect, certified professional or professional engineer
and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meets
the requirements of this article.
D.
The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the land development
activity prior to approval of the final stormwater design plan.
E.
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the stormwater pollution prevention
plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards." The certification
must include the name and title of the person providing the signature,
address and telephone number of the contracting firm; the address
(or other identifying description) of the site; and the date the certification
is made. The certification statement(s) shall become part of the SWPPP
for the land development activity.
F.
A copy of the SWPP shall be retained at the site of
the land development activity during construction from the date of
initiation of construction activities to the date of final stabilization.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
Version or its successor, hereafter referred to as the "Design Manual");
(2)
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most current version or its successor,
hereafter referred to as the Erosion Control Manual).
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in subparagraph 1 of Section 128-107 and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance and inspection during construction. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. For land development activities as defined in § 128-105 of this chapter and meeting Condition A, B or C as set forth in § 128-106 of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.
Maintenance easements. Prior to the issuance of any
approval that has a stormwater management facility as one of the requirements,
the applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Village
to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
article. The easement shall be recorded by the grantor in the office
of the County Clerk of the County of Suffolk after approval by the
Village Attorney.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 128-107(c) of this chapter.
D.
Maintenance agreements. The Village shall approve
a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk of the County of Suffolk as a deed restriction on
the property prior to final plan approval. The maintenance agreement
shall be consistent with the terms and conditions of Schedule B of
this article, entitled "Sample Stormwater Control Facility Maintenance
Agreement."[1] The Village, in lieu of a maintenance agreement, at its
sole discretion, may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Said schedule is on file in
the Village offices.
[Added 7-7-2008 by L.L. No. 3-2008]
A.
Purpose/intent. The purpose of this section is to
provide for the health, safety, and general welfare of the citizens
of the Village of Brightwaters 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
section 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 system. The objectives of
this section 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 regulate the contribution of pollutants to
the MS4 since such systems are not designed to accept, process, or
discharge nonstormwater wastes;
(3)
To prohibit illicit connections, activities
and discharges to the MS4;
(4)
To establish legal authority to carry out all
inspections, surveillance and monitoring procedures necessary to ensure
compliance with this section; and
(5)
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.
B.
BEST MANAGEMENT PRACTICES (BMPs)
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
DEPARTMENT
DESIGN PROFESSIONAL
HAZARDOUS MATERIALS
ILLICIT CONNECTIONS
(1)
(2)
ILLICIT DISCHARGE
INDUSTRIAL ACTIVITY
INDUSTRIAL SEWAGE TREATMENT SYSTEM
MS4
MUNICIPAL SEPARATE STORM SEWER SYSTEM
MUNICIPALITY
NONSTORMWATER DISCHARGE
PERSON
POLLUTANT
PREMISES
SPECIAL CONDITIONS
(1)
(2)
(3)
(4)
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER
DISCHARGE PERMIT
STORMWATER
STORMWATER MANAGEMENT OFFICER (SMO)
303(d) LIST
TMDL
TOTAL MAXIMUM DAILY LOAD
WASTEWATER
Definitions. Whenever used in this section, unless
a different meaning is stated in a definition applicable to only a
portion of this section, 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, 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 or licensed
architect.
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 washwater, 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 Subsection F of this section.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
A facility serving one or more parcels of land or residential
household, 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.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
The Village of Brightwaters.
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, 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 its 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 the 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 the 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 Village of Brightwaters to enforce this section.
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. Section 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.
C.
Applicability. This section shall apply to all water
entering the MS4 generated on any developed and undeveloped lands
unless explicitly exempted by an authorized enforcement agency.
D.
Responsibility for administration. The Stormwater
Management Officer(s) [SMO(s)] shall administer, implement, and enforce
the provisions of this section. 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.
E.
Severability. The provisions of this section are hereby
declared to be severable. If any provision, clause, sentence, or paragraph
of this section 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 section.
F.
Discharge prohibitions.
(1)
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 F(1)(a) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited, except as described as follows:
(a)
The following discharges are exempt from discharge
prohibitions established by this section, unless the Department or
the municipality 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,
crawl space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural
riparian habitat or wetland flows, dechlorinated swimming pool discharges,
residential street washwater, 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.
(b)
Discharges approved in writing by the SMO to
protect life or property from imminent harm, 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 section.
(c)
Dye testing 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.
(d)
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.
(2)
Prohibition of illicit connections.
(a)
The construction, use, maintenance, or continued
existence of illicit connections to the MS4 is prohibited.
(b)
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.
(c)
A person is considered to be in violation of
this section if the person connects a line conveying sewage to the
municipality's MS4 or allows such a connection to continue.
G.
Prohibition against 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 which has any 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.
H.
Prohibition against activities contaminating stormwater.
(1)
Activities that are subject to the requirement
of this section are those types of activities that:
(2)
Such activities include failing individual sewage treatment systems as defined in Subsection G, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
(3)
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.
I.
Requirement to prevent, control, and reduce stormwater
pollutants by use of best management practices.
(1)
Best management practices. Where the SMO has identified illicit discharges as defined in Subsection B or activities contaminating stormwater as defined in Subsection H, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(a)
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 waste into
the MS4 through the use of structural or nonstructural BMPs.
(b)
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in Subsection B 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.
J.
Suspension of access to MS4; illicit discharges in
emergency situations.
(1)
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.
(2)
Suspension due to the detection of illicit discharge.
Any persons discharging to the municipality's MS4 in violation of
this section 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 subsection, without
the prior approval of the SMO.
K.
Industrial or construction activity discharges. 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.
L.
Access and monitoring of discharges.
(1)
Applicability. This subsection applies to all
facilities that the SMO must inspect to enforce any provision of this
section 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 section.
(2)
Access to facilities.
(a)
The SMO shall be permitted to enter and inspect
facilities subject to this regulation under this section as often
as may be necessary to determine compliance with this section. 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.
(b)
Facility operators shall allow the SMO ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and the copying of records as may be required
to implement this section.
(c)
The municipality shall have the right to set
up on any facility subject to this section such devices as are necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the facility's stormwater discharge.
(d)
The municipality has the right to require the
facilities subject to this section to install monitoring equipment
as is reasonably necessary to determine compliance with this section.
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)
Unreasonable delay in allowing the municipality
access to a facility subject to this section is a violation of this
section. A person who is the operator of a facility subject to this
section 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 section.
(f)
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 section 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 section or any order issued hereunder,
then the SMO may seek issuance of a search warrant from any court
of competent jurisdiction.
M.
Notification of spills. Notwithstanding other requirements
of law, as soon as any person 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 municipality in person or by telephone or by 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.
N.
Enforcement.
(1)
Notice of violation. When the municipality's
SMO finds that a person has violated a prohibition or failed to meet
a requirement of this section, 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;
(f)
The implementation of source control or treatment
BMPs. 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.
(2)
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section shall be guilty of a violation punishable by the fines and imprisonments contained in § 128-86 of this chapter. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section 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.
O.
Appeal of notice of violation. Any person receiving
a notice of violation may appeal the determination of the SMO to the
Village of Brightwaters Board of Trustees within 15 days of its issuance,
which Board 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 Village Clerk and mail a copy of its
decision by certified mail to the discharger.
P.
Corrective measures after appeal.
(1)
If the violation has not been corrected pursuant
to the requirement 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.
(2)
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.
Q.
Injunctive relief. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this section. If a person has violated or continues to violate
the provisions of this section, 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.
R.
Alternative remedies.
(1)
Where a person has violated a provision of this
section, he/she may be eligible for alternative remedies in lieu of
a civil penalty, upon recommendation of the Village Attorney and concurrence
of the Village's Code Enforcement Officer, where:
S.
Violations deemed a public nuisance. In addition to
the enforcement processes and penalties provided, if any condition
caused or permitted to exist in violation of any of the provisions
of this section is a threat to public health, safety, and welfare
and is declared and deemed a nuisance, it 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.
T.
Remedies not exclusive. The remedies listed in this
section 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.
[Added 5-5-2008 by L.L. No. 2-2008]
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Village of Brightwaters Stormwater Management
Officer may require such inspections as are necessary to determine
compliance with this article and may either approve that portion of
the work completed or notify the applicant wherein the work fails
to comply with requirements of this article and the stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Village enforcement official at least 48 hours before
any of the following, as required by the Stormwater Management Officer:
[1]
Start of construction.
[2]
Installation of sediment and erosion control
measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public
areas.
(b)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted
except for site stabilization until any violations are corrected and
all work previously completed has received approval by the Stormwater
Management Officer.
(2)
Stormwater management practice inspections. The Village's
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
(3)
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to routine inspections; random inspections;
inspections based on complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to reviewing maintenance and repair records; sampling
discharges; surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
(4)
Submission of reports. The Village's Stormwater Management
Officer may require monitoring and reporting from entities subject
to this article as are necessary to determine compliance with this
article.
(5)
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Brightwaters the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A(3).
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
of Brightwaters in its approval of the stormwater pollution prevention
plan, the Village may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Village of Brightwaters as the beneficiary. The security shall
be in an amount to be determined by the Village based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Village of Brightwaters, provided
that such period shall not be less than one year from the date of
final acceptance or such other certification that the facilities have
been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the Village of Brightwaters. Per-annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Village of Brightwaters with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village of Brightwaters
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Village of Brightwaters may require
entities subject to this article to maintain records demonstrating
compliance with this article.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Village of Brightwaters
determines that a land development activity is not being carried out
in accordance with the requirements of this article, it may issue
a written notice of violation to the landowner, developer or applicant.
The notice of violation shall contain:
(a)
The name and address of the landowner, developer
or applicant.
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
A description of the remedial measures necessary
to bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action.
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed.
(f)
A statement that the determination of violation
may be appealed to the municipality by filing a written notice of
appeal within 15 days of service of notice of violation.
(2)
Stop-work orders. The Village of Brightwaters may
issue a stop-work order for violations of this article. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those activities that address the violation leading to the
stop-work order. The stop-work order shall be in effect until the
Village of Brightwaters confirms that the land development activity
is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal or monetary penalties in accordance with the enforcement
measures authorized in this article.
(3)
Violations. Any land development activity that is
commenced or is conducted contrary to this article, may be restrained
by injunction or otherwise abated in a manner provided by law.
(4)
Penalties. 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, upon conviction for a first offense; upon conviction
for 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.
(5)
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article the Stormwater Management Officer may prevent the
occupancy of said building or land.
(6)
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Village
of Brightwaters may take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
D.
Fees for services. The Village of Brightwaters may
require any person undertaking land development activities regulated
by this article to pay reasonable costs at prevailing rates for review
of SWPPPs, inspections, or SMP maintenance performed by the Village
of Brightwaters or performed by a third party for the Village of Brightwaters.
If any provision of this article shall be judged
invalid by a court of competent jurisdiction, such order or judgment
shall not affect or invalidate the remainder of this article, and
this article shall take effect upon filing with Office of the Secretary
of State.
