[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-15-2007 by L.L. No. 3-2007 (Ch. 114, Art. I, of
the 1987 Code)]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Liverpool through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This article 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 and the State Pollutant
Discharge Elimination System (SPDES). The objectives of this article
are:
A.
To meet the requirements of the SPDES general permit for stormwater
discharges from the municipal separate storm sewer system (MS4) issued
by the Department.
B.
To regulate the contribution of pollutants to the MS4 by discharges
of pollutants that the system is not designed to accept or process;
or discharge nonstormwater wastes, by any user.
C.
To prohibit illicit connections and discharges to the municipal separate
storm sewer system.
D.
To establish legal authority to carry out required inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet wastes, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous wastes, sediment and other pollutants into the MS4.
For the purposes of this article, the following shall mean:
The Superintendent of Public Works, the Code Enforcement
Officer(s) and designated employees or designees of the Public Works
Department and Code Enforcement Department.
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 issued by the
Department, as amended or revised. These activities include construction
projects resulting in land disturbance of one or more acres or cumulatively
resulting in one acre or more. Such activities include but are not
limited to clearing and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
A New York State licensed professional engineer or licensed
architect.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to any conveyances which allow any nonstormwater discharge
including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the MS4 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 system 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 storm drain system, except as exempted in § 316-5 of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable under the applicable provisions of Article 17
of the Environmental Conservation Law.
Activities subject to SPDES permit for the discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains owned and operated by
the Village of Liverpool, designed or used for collecting or conveying
stormwater and not used for collecting or conveying sewage.
Any discharge to the MS4 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, including
but not limited to dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, paints,
varnishes, and solvents; oil and other automotive fluids; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, 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, heat, wrecked or discarded equipment or objects,
rock, sand and industrial, municipal, agricultural waste and ballast
discharged into water; which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of
the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Conditions which meet any of the following requirements:
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their MS4 permit may have caused or
has the reasonable potential to cause or contribute to the violation
of any 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 into a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase in the listed pollutant of concern to the 303(d)
listed water(s).
Total maximum daily load (TMDL) strategy: the condition in the
municipality's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by EPA for
a water body or watershed into which the MS4 discharges.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which an MS4 discharges: Under this condition, the
municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern in the
TDML is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, including rainwater,
surface runoff, snowmelt and drainage.
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.
A list of all surface waters in the state for which beneficial
uses of 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.
The maximum amount of 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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain
system generated on any developed and/or undeveloped lands unless
explicitly exempted by an authorized enforcement agency.
The Department of Public Works shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Department of Public Works may be delegated
in writing by the Superintendent of the Department of Public Works.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the MS4 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. 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 article, unless the Department has determined them to be substantial
contributors of pollutants: 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 Superintendent of Public Works
as being necessary to protect public health and safety 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 Superintendent of Public Works may deem appropriate
to protect such life and property while reasonably maintaining the
purpose and intent of this article.
(3)
Dye testing in compliance with applicable state regulations is an
allowable discharge but requires a verbal notification to the Highway
Superintendent prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Department,
provided that the discharger is in full compliance with all requirements
of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4 system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 system 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 article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the municipalities 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.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Such activities include individual sewage treatment systems as defined in § 316-6 of this article, improper management of pet wastes or any activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipalities MS4 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 municipalities MS4 SPDES permit authorization.
A.
Best management practices. Where the Superintendent of Public Works has identified illicit discharges, as defined herein, or activities contaminating stormwater as defined in § 316-7, the Superintendent may require the 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 own 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 herein, or an activity contaminating stormwater as defined in § 316-7, 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.
B.
Individual sewage treatment systems; response to special conditions
requiring no increase of pollutants or requiring a reduction of pollutants.
Where individual sewage treatment systems are contributing to the
municipality's being subject to the special conditions as defined
herein, the owner or operator of such individual sewage treatment
systems shall be required to:
(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)
(3)
A written certificate of compliance shall be submitted by the design
professional to the municipality at the completion of construction
of the repair or replacement of the system.
A.
Suspension due to illicit discharges in emergency situations. The
Department of Public Works 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, or to the health
or welfare of persons, or to the MS4 or state waters. If the violator
fails to comply with a suspension order issued in an emergency, the
Superintendent of Public Works 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 MS4 in violation of this article may have their
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The Department of Public Works will notify a violator
of the proposed termination of its MS4 access. The violator may petition
the Superintendent of Public Works 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
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 Department of Public Works prior to the
allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities that the Superintendent
of Public Works must inspect to enforce any provision of this article,
or whenever the Superintendent has cause to believe there exists,
or potentially exists, in or upon any premises any condition which
constitutes a violation of this article.
B.
Access to facilities.
(1)
The Superintendent of Public Works shall be permitted to enter and
inspect facilities subject to regulation under this article as often
as may be necessary to determine compliance. 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 Superintendent of Public Works.
(2)
Facility operators shall allow the Superintendent of Public Works
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 SPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The Superintendent of Public Works shall have the right to set up
on any permitted facility such devices as are necessary in the opinion
of the Superintendent to conduct monitoring and/or sampling of the
facility's stormwater discharge.
(4)
The Superintendent of Public Works has the right to require the discharger
to install monitoring equipment as is reasonably necessary to determine
compliance with this article. 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 Superintendent
of Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Superintendent of Public Works
access to a permitted facility is a violation of a stormwater discharge
permit and of this article. A person who is the operator of a facility
with a SPDES 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 article.
(7)
If the Superintendent of Public Works has been refused access to
any part of the premises from which stormwater is discharged, and
he is able to demonstrate probable cause to believe that there may
be a violation of this article, 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 article 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.
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 are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
MS4 system, or state waters, 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 Superintendent of Public Works
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 as required by the state
record retention schedule.
A.
Notice of violation. Whenever the Superintendent of Public Works
finds that a person has violated a prohibition or failed to meet a
requirement of this article, the authorized enforcement agency may
order compliance by written notice of violation to the responsible
person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
B.
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.
Any person receiving a notice of violation may appeal the determination
of the Superintendent of Public Works. The notice of appeal must be
received within five days from the date of the notice of violation
to the Village Clerk. Hearing on the appeal before the Village Board
shall take place within 15 days from the date of receipt of the notice
of appeal. The decision of the Village Board shall be final.
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 10 days of the decision of the Village Board upholding the
decision of the Superintendent of Public Works, then representatives
of the Department of Public Works shall enter upon the subject private
property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
Within 10 days after 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
objecting to the amount of the assessment within five days. If the
amount due is not paid within a timely manner as determined by the
decision of the Village Attorney or 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.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Superintendent of Public Works 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 lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the Superintendent of Public Works, upon
recommendation of the Village Attorney, may impose upon the violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc. This would
be available where the violation was unintentional, the violator has
no previous violations of this article, environmental damage was minimal,
the violator acted quickly to remedy the violation and the violator
cooperated in the investigation and resolution.
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 article 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.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of $350 per violation
per day and/or imprisonment for a period of time not to exceed 60
days. The Superintendent of Public Works may recover all attorneys'
fees court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
The remedies listed in this article 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.
