[HISTORY: Adopted by the Board of Trustees of the Village of Port
Chester 6-4-2007 by L.L. No. 10-2007.
Amendments noted where applicable.]
This chapter shall be known as the "Illicit Discharge Law" of the Village
of Port Chester.
The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of the Village of Port Chester through the
regulation of nonstormwater discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This chapter
establishes methods for controlling the introduction of pollutants into the
municipal separate storm sewer system (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit process.
The objectives of this chapter are:
A.
To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to the
municipal separate storm sewer system.
C.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this chapter.
For the purposes of this chapter, the following shall mean:
The Building Inspector, General Foreman, Village Engineer or other
employee(s) designated by the Village Manager to enforce the provisions of
this chapter.
The 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 subject to NPDES construction permits. NPDES stormwater
Phase II permits are required for construction projects resulting in land
disturbance of one acre or more, except in the Village's Local Waterfront
Redevelopment Area, where such permits are required for those projects requiring
site plan approval pursuant to § 345-23 of the Village Code irrespective
of acreage. Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
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 direct or indirect nonstormwater discharge to the storm drain
system, except as exempted in this chapter.
An illicit connection is defined as either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system, including
but not limited to any conveyances which allow any nonstormwater discharge,
including sewage, process wastewater, and wash water, to enter the storm drain
system 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
B.
INDUSTRIAL ACTIVITY
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE
PERMIT
NONSTORMWATER DISCHARGE
PERSON
POLLUTANT
PREMISES
STORM DRAINAGE SYSTEM
STORMWATER
STORMWATER POLLUTION PREVENTION PLAN
WASTEWATER
Any drain or conveyance connected from a commercial or
industrial land use to the storm drain system which has not been documented
in plans, maps, or equivalent records and approved by the authorized enforcement
agency.
Activities subject to NPDES Industrial Permits as defined in 40 CFR,
§ 122.26(b)(14).
A permit issued by the EPA [or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual, group, or general area-wide basis.
Any discharge to the storm drain system 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.
Anything which causes or contributes to pollution. Pollutants may
include, but are not limited to, paints, varnishes, and solvents; oil and
other automotive fluids; nonhazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and human-made or altered drainage channels,
reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation and resulting from such precipitation.
A document which describes the best management practices and activities
to be implemented by a person or business to identify sources of pollution
or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving
waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This chapter shall apply to all water entering the storm drain system
generated on any developed and undeveloped lands unless explicitly exempted
by the authorized enforcement agency.
The Building Department, Department of Public Works and/or Village Engineer
shall administer, implement, and enforce the provisions of this chapter.
The standards set forth herein and promulgated pursuant to this chapter
are minimum standards. Therefore, this chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants.
A.
No person shall discharge or cause to be discharged into
the municipal storm drain system or watercourses any materials, including
but not limited to pollutants or waters containing any pollutants, that cause
or contribute to a violation of applicable water quality standards, other
than stormwater.
B.
The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited, except as described as
follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising groundwater,
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumps, air-conditioning condensation, springs, noncommercial
washing of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one ppm chlorine), fire-fighting activities,
and any other water source not containing pollutants.
(2)
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge but requires a
verbal notification to the authorized enforcement agency prior to the time
of the test.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the federal
Environmental Protection Agency, 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 storm drain system.
A.
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system 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 chapter
if the person connects a line conveying sewage to the MS4 or allows such a
connection to continue.
A.
The authorized enforcement agency 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 or waters of the United States. If the violator fails to comply
with a suspension order issued in an emergency, the authorized enforcement
agency may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the United States or to minimize danger to persons.
B.
Any person discharging to the MS4 in violation of this
chapter may have its MS4 access terminated if such termination would abate
or reduce an illicit discharge. The authorized enforcement agency will notify
a violator of the proposed termination of its MS4 access. The violator may
petition the authorized enforcement agency for a reconsideration and hearing.
C.
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without the prior
approval of the authorized enforcement agency.
Any person subject to an industrial or construction activity NPDES 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 authorized
enforcement agency prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity or construction
activity.
B.
Access to facilities.
(1)
The authorized enforcement agency 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 representatives of the authorized
enforcement agency.
(2)
Facility operators shall allow the authorized enforcement
agency ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under the conditions
of an NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
(3)
The authorized enforcement agency shall have the right
to set up on any permitted facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The authorized enforcement agency has the right to require
the discharger to install monitoring equipment as necessary. 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)
Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the authorized enforcement
agency and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
(6)
Unreasonable delay in allowing the authorized enforcement
agency access to a permitted facility is a violation of a stormwater discharge
permit and of this chapter. A person who is the operator of a facility with
an NPDES permit to discharge stormwater associated with industrial activity
commits an offense if the person denies the authorized enforcement agency
reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by this chapter.
(7)
If the authorized enforcement agency 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, or to protect the overall
public health, safety, and welfare of the community, then the authorized enforcement
agency may seek issuance of a search warrant from any court of competent jurisdiction.
The Village will adopt requirements identifying best management practices
for any activity, operation, or facility which may cause or contribute to
pollution or contamination of stormwater, the storm drain system, or waters
of the United States. 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
municipal storm drain system or watercourses through the use of these structural
and nonstructural BMPs. Further, any person responsible for a property or
premises, which is, or may be, the source of an illicit discharge may be required
to implement, at said person's expense, additional structural and nonstructural
BMPs to prevent the further discharge of pollutants to the municipal separate
storm sewer system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions
of this section. These BMPs shall be part of a stormwater pollution prevention
plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
Every person owning property through which a watercourse passes, or
such person's lessee, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or significantly retard the flow
of water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse so
that such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
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 is resulting or may result in illegal discharges or pollutants discharging
into stormwater, the storm drain system, or water of the United States, 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 authorized enforcement agency in person
or by phone or facsimile no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed and mailed
to the authorized enforcement agency within three business days of the phone
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)
Whenever the authorized enforcement agency finds that
a person has violated a prohibition or failed to meet a requirement of this
chapter, the authorized enforcement agency may order compliance by written
notice of violation to the responsible person. Such notice may require, without
limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall
cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation
costs; 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 Village may make entry upon the property and that the work will
be done by the Village or a contractor and the expense thereof shall be charged
to the violator and, if remaining unpaid, shall become a special assessment
and constitute a lien against the property.
B.
Right to entry. If the violation has not been corrected
or plan not submitted pursuant to the requirements set forth in the notice
of violation, then the authorized enforcement agency may enter upon the subject
private property and is authorized to take any and all measures necessary
to abate the violation and/or restore the property as set forth hereinafter.
C.
Cost of abatement of violation. Within 10 days after
the Village's abatement of the violation, the owner of the property will
be notified of the cost of abatement, including administrative costs. The
property owner may file a written protest or appeal objecting to the amount
of the assessment within 10 days. If the amount due is not paid in a timely
manner by the expiration of the time in which to file an appeal, the charges
shall become a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment. Any person violating
any of the provisions of this chapter shall become liable to the Village by
reason of such violation.
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 authorized enforcement
agency may consult with the Village Attorney and thereafter petition a court
of competent jurisdiction for a preliminary or permanent injunction restraining
the person from activities which would create further violations or compelling
the person to perform abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties, and remedies authorized
by this chapter, the authorized enforcement agency may seek to require alternative
compensatory actions, such as storm drain stenciling, attendance at compliance
workshops, stream cleanup, etc.
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 an exigent 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.
Each day a violation of this chapter is allowed to exist after the allotted
time for its cure, if any, shall constitute a separate and distinct violation.
In addition to, or as an alternative to, any penalty provided herein or by
law, any person who violates the provisions of this chapter shall be guilty
of a first offense and shall be subject to a fine not exceeding $700 for each
violation and/or imprisonment up to 15 days, and such offense shall constitute
a violation; persons found guilty of a second offense, both of which were
committed within a period of 10 years, shall be subject to a fine not less
than $700 nor more than $1,400 and/or imprisonment up to one year, and shall
constitute a misdemeanor; upon conviction of a third or subsequent offense,
all of which offenses were committed within a period of 10 years, shall be
subject to a fine not less than $1,400 and/or imprisonment up to one year,
and shall constitute a misdemeanor.
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.
