[L.L. No. 1-2007, § 1]
The purpose of this subchapter is to provide for the health,
safety, and general welfare of the citizens of the City of Poughkeepsie
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 subchapter 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. The objectives of this subchapter
are to:
(1)
Meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit No. GP-02-02, or as amended
or revised;
(2)
Regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
(3)
Prohibit illicit connections, activities and discharges
to the MS4;
(4)
Establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this subchapter; and
(5)
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.
[L.L. No. 1-2007, § 1]
Whenever used in this subchapter, unless a different meaning
is stated in a definition applicable to only a portion of this subchapter,
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 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 the MS4, including, but not limited
to:
Any conveyances which allow any nonstormwater discharge including
treated or untreated sewage, processed wastewater, and 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 Section 14 1/2-147 of this subchapter.
Activities requiring the SPDES permit from discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
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 City of Poughkeepsie.
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 owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, sewage sludge, chemical wastes,
biological materials, wrecked or discarded equipment, rock and sand,
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.
TMDL) strategyly 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 waterbody or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet 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 waterbody 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 City of Poughkeepsie to enforce this subchapter.
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 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 waterbody 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.
[L.L. No. 1-2007, § 1]
This subchapter shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
[L.L. No. 1-2007, § 1]
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement, and enforce the provisions of this subchapter. 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.
[L.L. No. 1-2007, § 1]
(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 subchapter, 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 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, wetland
flows, dcchlorinated 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 subchapter.
(3)
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.
(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
subchapter if the person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
[L.L. No. 1-2007, § 1]
(a)
Activities that are subject to the requirements
of this section are those types of activities that:
(1)
Cause or contribute to a violation of the municipality's
MS4 SPDES permit.
(2)
Cause or contribute to the municipality being subject to the special conditions as defined in Section 14 1/2-144 (Definitions) of this subchapter.
(b)
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.
[L.L. No. 1-2007, § 1]
Where the SMO has identified illicit discharges as defined in Section 14 1/2-144 or activities contaminating stormwater as defined in Section 14 1/2-148, 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 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 Section 14 1/2-144 or an activity contaminating stormwater as defined in, Section 14 1/2-148 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.
[L.L. No. 1-2007, § 1]
(a)
Illicit discharges in emergency situations. The SMO may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an actual 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 subchapter may have his or her 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.
[L.L. No. 1-2007, § 1]
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.L. No. 1-2007, § 1]
This section applies to all facilities that the SMO must inspect
to enforce any provision of this subchapter, 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 subchapter.
[L.L. No. 1-2007, § 1]
Notwithstanding other requirements of the subchapter, 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 a release of hazardous materials said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In 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.
[L.L. No. 1-2007, § 1]
(a)
Notice of violation. When the
municipality's SMO finds that a person has violated or failed to meet
a requirement of this subchapter, he/she may order compliance by written
notice of violation to the responsible person. Such notice may require
without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations
shall cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of fine; and
(6)
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.
(b)
Penalties. In addition to or as
an alternative to any penalty provided herein or by law, any person
who violates the provisions of the subchapter shall be guilty of a
violation punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 15 days, 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
15 days, 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 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.
[L.L. No. 1-2007, § 1]
Any person receiving a notice of violation may appeal the determination
of the SMO to the City of Poughkeepsie Common Council 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 Chamberlain, who shall mail
a copy of the decision by certified mail to the discharger.
[L.L. No. 1-2007, § 1]
(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 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)
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.
[L.L. No. 1-2007, § 1]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this subchapter.
If a person has violated or continues to violate the provisions of
this subchapter, the SMO may petition for a preliminary injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
[L.L. No. 1-2007, § 1]
(a)
Where a person has violated a provision of this
subchapter, he/she may be eligible for alternative remedies in lieu
of a civil penalty, upon recommendation of the Municipal Attorney
and concurrence of the SMO, where:
[L.L. No. 1-2007, § 1]
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 subchapter 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 subchapter 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.