[HISTORY: Adopted by the Board of Trustees of the Village of Laurel
Hollow 3-8-2007 by L.L. No. 2-2007. Amendments
noted where applicable.]
A.
It is the intent of this chapter to adopt a chapter prohibiting
illicit discharges, activities, and connections to the Village of Laurel Hollow
(Village) separate storm sewer system that will satisfy the relevant part
of the Phase II stormwater management requirements of the National Pollutant
Discharge Elimination System regulations, administered by New York State through
the State Pollutant Discharge Elimination System (SPDES) regulations and to
provide for the health, safety, and general welfare of the citizens of the
Village through the regulation of nonstormwater discharges to the municipal
separate storm sewer system (MS4) to the maximum extent practicable as required
by federal and state law. This chapter establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with requirements
of the SPDES General Permit for MS4s.
B.
The objectives of this chapter are:
(1)
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02 or as amended or
revised;
(2)
To 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 inspection,
surveillance, and monitoring procedures necessary to ensure compliance with
this chapter; 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.
A.
For the purposes of this chapter, certain terms and words
are hereby defined. Words used in the present tense include the future; words
in the singular include the plural, and words in the plural include the singular;
the word "shall" is mandatory.
B.
BEST MANAGEMENT PRACTICES
BMPS
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
DEC
DESIGN PROFESSIONAL
EPA
HAZARDOUS MATERIALS
ILLICIT CONNECTIONS
(1)
(2)
ILLICIT DISCHARGE
INDUSTRIAL ACTIVITY
MS4
MUNICIPAL SEPARATE STORM SEWER SYSTEM
NYCRR
NONSTORMWATER DISCHARGE
PERSON
POLLUTANT
PREMISES
SMO
SPECIAL CONDITIONS
(1)
(2)
(3)
(a)
(b)
SPDES
STATE
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE
STORMWATER SEWER SYSTEMS GP-02-02
SPDES STORMWATER DISCHARGE PERMIT
STORMWATER
STORMWATER MANAGEMENT OFFICER
303(d) LIST
TMDL
TOTAL MAXIMUM DAILY LOAD
WASTEWATER
As used in this chapter, the following terms shall have
the meanings indicated.
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.
Best management practices.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
An activity 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.
A professional engineer or architect licensed by the state.
The Federal Environmental Protection Agency.
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 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 this chapter.
An activity requiring a SPDES permit for 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):
New York Code, Rules, and Regulations
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 reasonably be expected to cause pollution of
the waters of the state in contravention of pertinent standards promulgated
by the federal government, the state, the Village, or any other municipality
or department thereof, having legal jurisdiction to impose such standards.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
The Stormwater Management Officer.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSA condition that applies when the Village 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 Village must take necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — A condition in the Village's MS4 permit that applies when 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.
A condition in the Village's MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved by EPA
for a water body or watershed into which the MS4 discharges. If the discharge
from the MS4 did not meet the TMDL stormwater allocations prior to September
10, 2003, the Village shall be required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
A condition in the Village's MS4 permit that applies if a TMDL
is approved in the future by EPA for any water body or watershed into which
an MS4 discharges. Under such condition the Village 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 Village 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.
State Pollutant Discharge Elimination System.
The State of New York.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit 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.
A permit issued by the DEC that authorizes the discharge of pollutants
to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector, or his designee, as the designated officer
of the Village to enforce this chapter.
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 DEC as required by Section
303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes,
and streams that fall short of state surface water quality standards and are
not expected to improve within the next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released into
a water body so as not to impair uses of the water, allocated among the sources
of that pollutant.
Water that is not stormwater, is contaminated with pollutants, and
is or will be discarded.
This chapter shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The SMO shall administer, implement, and enforce the provisions of this
chapter.
A.
Prohibition of illegal discharges. No person shall discharge,
cause or allow to be discharged into the MS4 any materials other than stormwater.
The commencement, conduct, or continuance of any illegal discharge to the
MS4 is prohibited, except as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless DEC or the Village has determined them
to be substantial contributors of pollutants: waterline flushing or other
potable water source flushing, 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 wash water, water from fire-fighting activities, and any other water
source not containing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such approval
shall not be construed to constitute compliance with other applicable laws
and requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may deem
appropriate to protect such life and property while reasonably maintaining
the purpose and intent of this chapter.
(3)
Dye testing in compliance with applicable state, county
and Village regulations is an allowable discharge, but requires a verbal notification
to the SMO prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under a SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of DEC, provided that the discharger
is in full compliance with all requirements of the permit, waiver, or order
and other applicable laws and regulations, and provided that written approval
has been granted for any discharge to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance, or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time
of connection.
(3)
A person is considered to be in violation of this chapter
if the person connects a line conveying sewage to the Village's MS4,
causes or allows such a connection to continue.
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 one or more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground
surface.
C.
A connection or connections to a separate stormwater
sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure conditions
as noted in this section.
F.
Contamination of off-site groundwater.
The following activities are prohibited:
A.
Those types of activities that cause or contribute to:
(1)
A violation of the Village's MS4 SPDES permit (NOTE:
Upon notification to a person that such person is engaged in activities that
cause or contribute to violations of the Village's MS4 SPDES permit authorization,
such person shall immediately commence and continue thereafter with all due
diligence to take all reasonable actions to correct such activities such that
such person no longer causes or contributes to violations of the Village's
MS4 SPDES permit authorization.); and/or
(2)
The Village being subject to special conditions.
B.
Failing individual sewage treatment systems;
C.
Improper management of pet waste; and
D.
Any other activity that causes or contributes to a violation
of the Village's MS4 SPDES permit authorization. (NOTE: Upon notification
to a person that such person is engaged in activities that cause or contribute
to violations of the Village's MS4 SPDES permit authorization, such person
shall immediately commence and continue thereafter with all due diligence
to take all reasonable actions to correct such activities such that such person
no longer causes or contributes to violations of the Village's MS4 SPDES
permit authorization.)
A.
Best management practices.
(1)
Where the SMO has identified illicit discharges or activities
contaminating stormwater, the Village may require implementation of BMPs to
control those illicit discharges and activities.
(2)
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 wastes into the MS4 through the use of structural
and nonstructural BMPs.
(3)
Any person responsible for a property or premises, which
is, or may be, the source of an illicit discharge or an activity contaminating
stormwater, may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s)
to the MS4.
(4)
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.
B.
Individual sewage treatment systems: response to special
conditions requiring no increase of pollutants or requiring a reduction of
pollutants.
(1)
Where individual sewage treatment systems are contributing
to the Village's being subject to the special conditions, the owner or
operator of such individual sewage treatment systems shall be required to:
(a)
Maintenance and operation.
[1]
Maintain and operate individual sewage treatment systems
as follows:
[a]
Inspect the septic tank annually to determine scum and
sludge accumulation. Septic tanks must be pumped out whenever the bottom of
the scum layer is within three inches of the bottom of the outlet baffle or
sanitary tee or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee.
[b]
Avoid the use of septic tank additives.
[c]
Avoid the disposal of excessive quantities of detergents,
kitchen wastes, laundry wastes, and household chemicals; and
[d]
Avoid the disposal of cigarette butts, disposable diapers,
sanitary napkins, trash, and other such items.
[2]
Most tanks should be pumped out every two to three years.
However, pumping may be more or less frequent depending on use. Inspection
of the tank for cracks, leaks and blockages should be done by the septage
hauler at the time of pumping of the tank contents.
(b)
Repair or replace individual sewage treatment systems
as follows:
[1]
In accordance with 10 NYCRR Appendix 75A, as the same
may be amended or superseded from time to time, to the maximum extent practicable.
[2]
A design professional shall prepare design plans for
any type of absorption field that involves:
[3]
A written certificate of compliance shall be submitted
by the design professional to the Village at the completion of construction
of the repair or replacement system.
A.
Suspension of access to MS4. The SMO may, without prior
notice, suspend MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present imminent
and substantial danger to the environment, to the health or welfare of persons,
or to the MS4. The SMO shall notify the person of such suspension within a
reasonable time thereafter in writing of the reasons for the suspension. If
the violator fails to comply with a suspension order issued in an emergency,
the SMO may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging and/or causing and/or allowing a discharge to the Village's
MS4 in violation of this chapter may have its 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 the SMO 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.
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 SMO
prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this chapter or whenever
the authorized enforcement agency has cause to believe that there exists,
or potentially exists, in or upon any premises any condition which constitutes
a violation of this chapter.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this chapter as often as may be necessary to determine
compliance with this chapter. If a discharger has security measures in force
which require proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access to the
SMO.
(2)
Facility operators shall allow the SMO ready access to
all parts of the premises for the purposes of inspection, sampling, examination,
and copying of records as may be required to implement this chapter.
(3)
The Village shall have the right to set up on any facility
subject to this chapter such devices as are necessary in the opinion of the
SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Village has the right to require the facilities subject
to this chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter.
(5)
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.
(6)
Unreasonable delay in allowing the Village access to
a facility subject to this chapter is a violation of this chapter. A person
who is the operator of a facility subject to this chapter commits an offense
if the person denies the Village reasonable access to the facility for the
purpose of conducting any activity authorized or required by this chapter.
(7)
If the SMO has been refused access to any part of the
premises from which stormwater is discharged, and the SMO is able to demonstrate
probable cause to believe that there may be a violation of this chapter, or
that there is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this chapter or any
order issued hereunder, then the SMO may seek issuance of a search warrant
from the Village Court or, at its option, any other court of competent jurisdiction.
A.
Notwithstanding other requirements of law, as soon as
any person responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known or suspected
release of materials which are resulting or may result in illegal discharges
or pollutants discharging into the MS4, said person shall take necessary steps
to ensure the discovery, containment, and cleanup of such release.
B.
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.
C.
In the event of a release of nonhazardous materials,
said person shall notify the Village in person or by telephone or facsimile
no later than the next business day.
D.
Notifications in person or by telephone shall be confirmed
by written notice addressed and mailed to the Village within three business
days of the telephone notice.
E.
If the discharge of prohibited materials emanates from
a commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least
three years.
A.
Notice of violation.
(1)
When the SMO, his designee, or other designee of the
Board of Trustees determines that a person has violated a prohibition or failed
to meet a requirement of this chapter, the SMO or such designee may order
compliance by written notice of violation to the responsible person. Such
notice may require the violator, without limitation:
(a)
To eliminate illicit connections or discharges;
(b)
To cease and desist violating discharges, practices,
or operations;
(c)
To abate or remediate stormwater pollution or contamination
hazards and to restore any affected property;
(d)
To perform monitoring, analyses, and reporting;
(e)
To pay a fine;
(f)
To implement 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 perform or have independent contractors perform
the remediation or restoration and the cost thereof shall become a lien upon
the land until paid, and if not paid, at the option of the Mayor, may be added
to the current tax bill for the subject premises and collected in the same
manner and with the annual Village real estate taxes.
B.
Violations. Any activity that is commenced or is conducted
contrary to this chapter may be enforced by injunction or otherwise abated
in a manner provided by law.
C.
Penalties. 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 violation punishable by a fine not exceeding
$1,000 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
$1,000 nor more than $1,500 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
of not less than $1,500 nor more than $2,000 or imprisonment for a period
not to exceed 15 days, or both. Violations of this chapter shall be not be
deemed misdemeanors. Each week's continued violation shall constitute
a separate additional 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 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.
In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions
of this chapter is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored at
the violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken.
The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state, or local law and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.