[HISTORY: Adopted by the Town Board of the Town of Babylon 10-6-2010 by L.L. No. 28-2010. Amendments noted where applicable.]
Environmental Conservation Commission — See Ch. 18.
Department of Environmental Control — See Ch. 20.
Environmental quality review — See Ch. 114.
Flood damage control — See Ch. 125.
Freshwater wetlands — See Ch. 128.
Stormwater management and erosion and sediment control — See Ch. 189.
The purpose of this chapter is to provide for the health, safety, and general welfare of the residents and general public of the Town of Babylon through the regulation of nonstormwater discharges to the Town of Babylon municipal separate stormwater drainage system (MS4) to the maximum extent practicable as required by Section 402 of the Clean Water Act and the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), Permit GP-0-10-002 issued pursuant to Article 17, Titles 7 and 8 and Article 70 of the Environmental Conservation Law or as amended or revised. This chapter establishes methods for controlling the introduction of pollutants into the Town of Babylon MS4 system in order to comply with the requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this chapter are:
To meet the requirements of the SPDES General Permit for Stormwater Discharges from the Town of Babylon MS4, in accordance with New York State Department of Environmental Conservation Permit No. GP-0-10-002, or as amended or revised;
To regulate the contribution of pollutants to the Town of Babylon's MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
To prohibit illicit connections, activities and discharges to the Town of Babylon's MS4;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease and oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and any other pollutants into the Town of Babylon's MS4.
Editor's Note: See 33 U.S.C. § 1342.
Whenever used in this chapter, unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms will have the meanings set forth below:
- BEST MANAGEMENT PRACTICES (BMPs)
- 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.
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- Activities requiring authorization under the SPDES Permit For Stormwater Discharges From Construction Activity, GP-0-10-001, as amended or revised and/or a land development activity as defined in Chapter 189 of the Code of the Town of Babylon. These activities include construction projects resulting in a land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
- The New York State Department of Environmental Conservation.
- HAZARDOUS MATERIALS
- 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.
- ILLICIT CONNECTIONS
- Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Town of Babylon MS4, including but not limited to:
- A. Any conveyances which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater, and wash water, to enter the Town of Babylon 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
- B. Any drain or conveyance connected from a commercial or industrial land use to the Town of Babylon MS4 which has not been documented in plans, maps, or equivalent records and approved by the Town of Babylon.
- ILLICIT DISCHARGE
- Any direct or indirect nonstormwater discharge to the Town of Babylon MS4, except as exempted in § 190-6 of this chapter.
- INDUSTRIAL ACTIVITY
- Activities requiring the SPDES Permit For Discharges From Industrial Activities Except Construction, GP-0-06-002, as amended or revised.
- Municipal separate storm sewer system, including the Town of Babylon separate stormwater drainage system.
- The Town of Babylon.
- 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, french drains or storm drains):
- NONSTORMWATER DISCHARGE
- 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, animal waste, chemicals, sediment, 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. Contaminants in quantities or characteristics which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas of the Town of Babylon.
- Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
- STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER MANAGEMENT OFFICER(S) (SMOs)
- Employees and/or public officers of the Town of Babylon designated by the Town of Babylon to enforce this chapter.
- 303(d) LIST
- A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
- Total Maximum Daily Load.
- 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 that has been generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
The Commissioners of Environmental Control, Planning and Development and the Department of Public Works, Town Attorney and/or his/her designee(s) are authorized to administer and implement the provisions of this chapter.
The Stormwater Management Officer(s) (SMO(s)) shall enforce the provisions of this chapter as may be authorized by the Town of Babylon.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this law 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 chapter.
Prohibition of illegal discharges.
No person shall discharge or cause to be discharged into the Town of Babylon MS4 any materials other than stormwater except as provided in § 190-6A(1) and (2) of this chapter. The commencement, conduct or continuance of any illegal discharge to the Town of Babylon MS4 is prohibited except as described herein:
The following discharges are exempt from discharge prohibitions established by this chapter, unless the Department or the Town of Babylon 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, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, residential street wash water and water from firefighting and fire-fighting practice activities. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
The Commissioners of Public Works and Environmental Control and/or his/her designee(s) may jointly authorize a temporary discharge permit (TDP) for the discharge of uncontaminated groundwater for dewatering purposes during construction activity to the Town of Babylon MS4 system if the following conditions are met; high groundwater conditions exist in the area of the proposed construction, there is no reasonable alternative but to discharge to the Town of Babylon MS4 system, the proposed discharge will not damage the Town of Babylon MS4 system, the Town of Babylon MS4 system can handle the proposed discharge volume, the discharge will not contain any significant levels of contaminants that are in violation of any local, New York State or federal regulations, an adequate sediment control plan is prepared and approved by the Town of Babylon and the application fee is paid by the project sponsor. It is also the applicant's responsibility to obtain any and all required New York State Department of Environmental Conservation permits for the temporary discharge as necessary.
An application fee shall be required for TDPs reviewed by the Town of Babylon. The fee schedule shall be established by the Town Board of the Town of Babylon by resolution. Application fees generated by the TDPs shall be utilized for the Town of Babylon Stormwater Program. As deemed necessary, the Town Board of the Town of Babylon may amend the fee schedule by resolution from time to time.
Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a written notification to the Town of Babylon Commissioners of Environmental Control and Department of Public Works and/or his/her designee(s) prior to the time of the test. 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 Town of Babylon MS4.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
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.
A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the Town of Babylon MS4, or allows such a connection to continue.
No persons shall operate a failing individual cesspool or sewage treatment system in areas tributary to the Town of Babylon MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
The backup of sewage into a structure.
Discharges of treated or untreated sewage onto the ground surface.
A connection or connections to a separate stormwater sewer system.
Liquid level in the septic tank above the outlet invert.
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.
Contamination of off-site groundwater.
Activities that are subject to the requirements of this section are those types of activities that:
Such activities include failing individual cesspools or sewage treatment systems as defined in § 190-7, improper management of animal waste or any other activity that causes or contributes to violations of the Town of Babylon's MS4 SPDES permit authorization.
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Town of Babylon'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.
Best management practices. Where the Town of Babylon has identified illicit discharges as defined in § 190-2 or activities contaminating stormwater as defined in § 190-8, the Town of Babylon may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Town of Babylon MS4 through the use of structural and nonstructural BMPs.
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 190-2 or an activity contaminating stormwater as defined in § 190-8, 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 Town of Babylon MS4.
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
Illicit discharges in emergency situations. The Town of Babylon/SMO(s) may, without prior notice, suspend Town of Babylon 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 Town of Babylon/SMO(s) 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 Town of Babylon/SMO(s) may take such steps as deemed necessary to prevent or minimize damage to the Town of Babylon MS4 or to minimize danger to persons.
Suspension due to the detection of illicit discharge. Any person discharging to the Town of Babylon MS4 in violation of this chapter may have their Town of Babylon MS4 access terminated if such termination would abate or reduce an illicit discharge. The Town of Babylon/SMO(s) will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the Town of Babylon/SMO(s) for a reconsideration and hearing. Access may be granted by the SMO(s) 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 Town of Babylon SMO(s) determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates Town of Babylon MS4 access to premises terminated pursuant to this section, without the prior approval of the Town of Babylon/SMO(s).
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 Town of Babylon prior to the allowing of discharges to the Town of Babylon MS4.
Applicability. This section applies to all facilities that the Town of Babylon/SMO(s) must inspect to enforce any provision of this chapter, or whenever the Town of Babylon has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter.
Access to facilities.
The Town of Babylon/SMO(s) shall be permitted to enter and inspect facilities subject to regulation under this chapter and/or Chapter 189 of the Code of the Town of Babylon 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 Town of Babylon/SMO(s).
Facility operators shall allow the Town of Babylon/ SMO(s) ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to comply with this chapter.
The Town of Babylon shall have the right to set up on any facility subject to this chapter such devices as are necessary in the opinion of the Town of Babylon/SMO(s) to conduct monitoring and/or sampling of the facility's stormwater discharge.
The Town of Babylon has the right to require the facilities subject to this chapter to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
Unreasonable delays in allowing the Town of Babylon/SMO(s) 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 law commits an offense if the person denies the Town of Babylon/SMO(s) reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter.
If the Town of Babylon/SMO(s) has been refused access to any part of the premises from which stormwater is discharged, and the Town of Babylon/SMO(s) 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 law or any order issued hereunder, then the Town of Babylon/SMO(s) may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of this chapter, 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 Town of Babylon 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. At minimum, the notification shall include the Town of Babylon Commissioner of Environmental Control and/or his/her designee, the Town of Babylon Division of Fire Prevention, the Town of Babylon Commissioner of the Department of Public Works and/or his/her designee, the Suffolk County Department of Health Services Office of Pollution Control, New York State Department of Environmental Conservation Oil Spill Division and Division of Hazardous Waste Remediation and the United States Coast Guard. In the event of a release of nonhazardous materials, said person shall notify the Town of Babylon Commissioner of Public Works and/or his/her designee and the Town of Babylon Commissioner of Environmental Control and/or his/her designee 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 Town of Babylon 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.
[Amended 12-21-2016 by L.L. No. 20-2016]
When the Town of Babylon or the Town of Babylon SMO(s) finds that a person has violated a prohibition or failed to meet a requirement(s) of this chapter, the Town of Babylon may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
The performance of monitoring, analyses, and reporting;
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless said violation is remedied immediately, the Town Board may, by resolution, authorize the remediation of the violation without prior notice to the owner of the property. There shall be notice to the owner as soon thereafter as possible to inform the owner of said actions. The expenses of such remediation shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Article 15 of the Town Law for the collection and removal as a special ad valorem levy.
[Amended 12-21-2016 by L.L. No. 20-2016]
Any person who shall violate any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, a fine of not less than $350 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, 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, shall be guilty of a misdemeanor, and upon conviction a fine of not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed six months may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, shall be guilty of a misdemeanor and a fine of not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed six months, or both. Each day's continued violation shall constitute a separate additional violation. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
Upon application to the Town Attorney or his or her designee, violation of this chapter may be reduced to an attempted violation as established by the New York State Penal Law § 110. Penalties for the reduced charge of attempt shall be:
Any person who shall attempt to violate any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, a fine of not less than $100 nor more than $500 must be imposed and a term of 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, a fine of not less than $500 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine of not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both. Each day's continued violation shall constitute a separate additional violation.
[Amended 12-21-2016 by L.L. No. 20-2016]
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 Town of Babylon Town Attorney or his/her designee 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. Additionally, the Town of Babylon Town Attorney or his/her designee 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.
If access is refused to the subject private property, the Town of Babylon/SMOs 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.
[Amended 12-21-2016 by L.L. No. 20-2016]
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.