[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-17-1990 by L.L. No. 1-1990 (Ch. 32, Art. I, of
the 1977 Code)]
It is the purpose of this article to establish minimum acceptable
methods of sanitary sewer construction in the Village of Hillburn.
Dedication or acceptance or permission to use said sanitary sewers
shall not be given until the Village Engineer or his designee shall
have certified to the Village Board that said sanitary sewers have
been completed in accordance with the approved plans and specifications
which follow.
A.
A set of plans and profiles for the proposed sewer installation shall
be submitted to the Village Engineer for approval.
B.
No change of line and grade of the proposed sanitary sewer, as shown
on the approved plans and profiles, shall be made without the approval
of the Village Engineer.
C.
Approved materials for sanitary sewer pipe are asbestos, cement,
vitrified clay, cast iron and polyvinyl chloride pipe; other pipe
materials shall require the approval of the Village Engineer.
D.
The class of pipe shall conform to the manufacturer's recommendations
for width of trench, depth of cover and class of bedding.
(1)
Asbestos cement sewer pipe shall be Type II Class 2400 or a higher
classification if warranted. ASTM Designation C428-76T couplings shall
be of the same specifications with rubber gaskets or rings of the
ring-tite type or approved equal.
(2)
Vitrified clay sewer pipe shall conform to ASTM Specification C-278-64T.
Joints should be of the flexible type conforming to ASTM Designation
C425-64T.
(3)
Cast-iron sewer pipe shall conform to federal specifications for
CIP WW-P421A. Cast-iron soil pipe shall conform to the standard specification
for CI soil pipe ASTM Designation A74-75, extra heavy. Neoprene gaskets
shall conform to ASTM Designation C564-70.
(4)
Polyvinyl chloride pipe shall conform to ASTM Specification D 3034-78
SDR-35, using elastomeric gasket joints.
A.
The trench width at the point at the top of the pipe shall not exceed
two feet, plus the diameter of the pipe.
B.
All pipe, regardless of type or size, shall be laid on a bed of from
four inches to six inches of crushed stone. All loose earth shall
be removed from the excavation, then stone shall be placed in the
excavation and brought to grade, then the pipe shall be bedded in
the stone. Refer to Construction Drawing No. 1.[1]
[1]
Editor's Note: Construction Drawing No. 1 is on file
in the office of the Village Clerk.
C.
All connections on the main between consecutive manholes shall be
accurately measured and recorded, certified as to accuracy by the
subdivider or subdivider's engineer and submitted to the Village
Engineer. Depth of connection at the curb below finished grade shall
also be recorded.
D.
All sanitary sewer pipe shall have a minimum cover of 2.5 feet in
all paved and proposed paved areas. Lesser cover may be approved by
the Village Engineer on a case-by-case basis, which may include encasement
of the sewer in concrete.
E.
Sanitary sewer lines and water service lines must have a minimum
separation of 10 feet.
A.
Semigranular material shall be used for backfilling. The material
shall be free of large stone, hard dry lumps, wood and trees and,
in cold weather, free of frozen lumps.
B.
All pipe shall be backfilled by hand in six-inch layers to a point
1 1/2 feet above the top of the pipe. Each layer shall be tamped.
The backfill shall be tamped around the lower half of pipe. The remainder
of backfilling may be done in a manner acceptable to the Village Engineer,
except that sewer trenches located below Village roadways shall be
compacted in accordance with the Village standards.
A.
All house connections shall be a minimum of four inches in diameter
from the building to the street right-of-way line. The pipe within
the street right-of-way connecting to the sewer main shall be a minimum
of six inches in diameter. House connection pipe shall be laid to
a minimum grade of 1/4 inch to one foot, unless otherwise approved
by the Village Engineer. House connections under public or proposed
public roads shall not exceed 50 linear feet without specific permission
of the Village Engineer.
B.
Pipes and joints for house connections shall conform to the sewer
pipe specifications shown above.
C.
House connections for commercial installations shall be a minimum
of six inches diameter, unless otherwise specified by the Village
Engineer.
E.
Backfilling of house connections shall conform to the requirements of the section on backfilling, § 192-4.
F.
All house connections at the main shall be of the Y-type, installed
at the same time as the main and at a point on the main indicated
on the plan by the builder or builder's engineer. In the event
that no Y was installed for a given lot, an approved saddle shall
be installed by the builder.
G.
Joints between asbestos cement pipe and cast-iron pipe shall be oakum
and poured lead, using an asbestos cement pipe to cast-iron pipe adapter
fitting, a four-inch asbestos cement pipe bell and spigot or increaser
and a cast-iron to asbestos cement pipe or approved mechanical joint.
H.
Joints between vitrified clay pipe and cast-iron pipe shall be oakum
and poured joints or an approved mechanical joint.
I.
Joints for bell and spigot cast-iron pipe shall be of oakum and poured
lead. Other types of joints shall be submitted to the town engineering
department for review and approval.
J.
Joints between polyvinyl chloride pipe and cast-iron pipe shall be
adapters by the manufacturer of the pipe or approved flexible rubber
couplings.
K.
The ends of all house connections shall be terminated with a permanent,
waterproof, approved cap or plug until such time as the house soil
line and the house connection line are joined.
L.
Cleanouts shall be installed at intervals not exceeding 60 feet measuring
from the main and at a ninety-degree change of direction where long
radius bends are not used. Cleanouts shall be brought up to approximately
one foot below ground level. Cleanouts in a paved area may be brought
up almost to ground level, protected by a masonry box and steel plate.
M.
No backfilling of a house connection shall be allowed without express
permission of the Village Engineer after the pipe installation has
been inspected and approved.
N.
A permit to connect to public sewers shall be taken out before any
work commences. All applications shall be filled out completely and
signed by both the owner and the contractor.
O.
House connection inspection requests shall be called in or submitted
with the sewer permit number, the tax lot number and the name and
address of the owner. These items shall also be available to the inspector
at the job site.
P.
A grease and oil interceptor tank shall be installed in house connection
lines for restaurants, luncheonettes, nursing homes, hospitals, gas
stations and garages with floor drains, automobile laundries and other
types of commercial establishments as may be required at the discretion
of the Village Engineer.
Q.
Any subdivision with dry sewers shall, at the time of sanitary sewer
construction, install house connection lines to within five feet of
cast-iron soil pipe coming out of the foundation. All house connection
ends shall be triangulated from two house corners or labeled permanent
objects in relation to cast-iron soil pipe and submitted to the Village
Engineer by the subdivider or subdivider's engineer and certified
as to accuracy by a licensed professional engineer.
R.
Whenever sewers are constructed in front of vacant parcels, a house
stub sewer shall be constructed from a sewer Y-connection to a capped
dead end, which shall be terminated at least five feet behind the
curbline in a location satisfactory to the Village Engineer. The location
of such sewer stubs are to be marked on the curbing with a permanent
chisel cut and the distance to the capped end recorded with the Village
Engineer.
A.
Manholes shall be installed in street sewers at a maximum distance
of 300 feet apart unless otherwise approved by the Village Engineer.
B.
Manholes shall be of an approved precast concrete type, with resilient
gaskets at section joints and with resilient seals at pipe to manhole
joints or approved equal. Any deviation from this method must be approved
by the Village Engineer. Refer to Construction Drawing Nos. 2 and
3.[1]
[1]
Editor's Note: Construction Drawing Nos. 2 and 3 are
on file in the office of the Village Clerk.
C.
Manholes shall be cast with proper deflections and elevations on
inlets and outlets and be on the job site before any pipe installation
begins.
D.
Manholes shall be constructed on a firm base. Unstable material shall
be removed from the excavation and stone or concrete used to establish
a stable base, as determined by the Village Engineer.
F.
The depth of inverts in manholes shall be 3/4 the diameter of the
sewer pipe. Portland cement mortar shall be used for the building
of inverts.
G.
Manhole castings shall be brought up to finished grade with the use
of riser sections. A maximum of 10 inches of laid up masonry may be
used between a manhole and a casting. Castings shall be Campbell No.
1203 or approved equal. Covers shall be Campbell No. 1203-107 or approved
equal. Manholes in easements shall have locking-type covers. Refer
to Construction Drawing No. 4.[3]
[3]
Editor's Note: Construction Drawing No. 4 is on file
in the office of the Village Clerk.
A.
The Village Engineer shall be notified 24 hours before the start
of the job, and cut-sheets shall be submitted to the office before
any work starts.
B.
All new proposed roads shall be cut to subgrade before the sanitary
sewer is installed.
C.
An inspection report certified by a licensed New York State professional
engineer stating the results of a low-pressure air test and an infiltration
and/or an exfiltration test shall be submitted to the Village Engineer.
All mains, manholes and house connections (main to right-of-way) shall
be tested at the expense of the subdivider or contractor. The type
of test to be run shall be directed by the Village Engineer's
Office. The allowable rate of infiltration and/or exfiltration shall
not exceed 100 gallons per inch diameter of pipe per mile per day.
All visible leaks shall be sealed as approved by the Village Engineer.
D.
Before final inspection, all sewer mains and manholes shall be cleaned
and power flushed and be free of all silt, stone, debris and other
foreign materials.
E.
In the event that only part of a subdivision is paved, the manholes
and castings in the remaining portion shall be protected from shifting
and displacement by construction vehicles or other means by the installation
of four-inch to six-inch-thick ten-foot-diameter binder course encompassing
the manhole casting.
F.
In the event that, to sewer a given lot, group of lots or a subdivision,
a highway or road crossing is necessary to an existing gravity sewer
main and tunneling is required by the state, county or town highway
department, a carrier pipe shall be installed in a casing pipe of
material and quality as specified on Construction Drawing No. 5.[1]
[1]
Editor's Note: Construction Drawing No. 5 is on file
in the office of the Village Clerk.
A.
The Village Board hereby delegates to the Planning Board of the Village
of Hillburn the right to modify or vary the requirements of this article.
Such modifications or variances may be granted on an individual case-by-case
basis by the Planning Board upon application to the Planning Board
when, in the judgment of the Planning Board, the public convenience
and welfare will be substantially served, and it may, in appropriate
and specific cases subject to the appropriate conditions and safeguards,
determine and vary the application of the regulations of this article
in harmony with its general purposes and intent.
B.
In considering any such application to modify or vary any of the
standards or specifications of this article, the Planning Board may
employ or retain consultants under the same terms and conditions as
permitted in Local Law No. 1 of 1986, as amended from time to time.
[Adopted 8-18-2010 by L.L. No. 1-2011]
A.
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the Village of Hillburn through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and New York State law. This article establishes methods
for controlling the introduction of pollutants into the MS4 in order
to comply with requirements of the SPDES General Permit for Municipal
Separate Storm Sewer Systems.
B.
The objectives of this article are:
(1)
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, 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
article; and
(5)
To promote public awareness of the hazards involved in the improper
storage and/or discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment, snow and ice control materials,
and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised, and any land disturbance requiring a municipal,
New York State or federal permit. These activities include construction
projects resulting in land disturbance. Such activities include but
are not limited to clearing and grubbing, grading, excavating and
demolition.
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
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 § 192-12 of this article.
A facility including septics, cesspools and similar facilities
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 provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate stormwater sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
The Village of Hillburn.
The New York State Department of Environmental Conservation.
Any discharge to the MS4 that is not composed entirely of
stormwater. This includes any pollutants, as well as but not limited
to trash, yard waste, or pet waste.
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
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, soil and industrial, municipal
agricultural waste and ballast discharged into water, or any substance
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
and all chattel.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit issued by the NYS DEC that authorizes the discharge
of pollutants to waters of the state.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to waters of the
United States in accordance with the conditions and requirements set
forth within the Permit GP-02-02.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where a municipality has been notified by NYS DEC that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
TMDL (TOTAL MAXIMUM DAILY LOAD) STRATEGYThe 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. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by 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 specified in
the TMDL is achieved.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
An employee, the Municipal Engineer or other public official(s)
designated by the Village of Hillburn to enforce this article. The
SMO may also be designated by the municipality to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
municipal board and inspect stormwater management practices and designate
certain responsibilities pursuant to this article to other employees
or agents of the municipality.
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 NYS DEC
as required by § 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.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement and enforce the provisions of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 192-12A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article, unless the NYS DEC or the municipality has determined
them to be contributors of pollutants which could negatively impact
water quality: waterline flushing or other potable water sources;
landscape irrigation or lawn watering; existing diverted stream flows;
rising groundwater; groundwater infiltration to storm drains; 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/debrominated swimming pool, spa and
pond discharges; residential street, driveway, home or deck wash water;
water from fire-fighting activities; and any other water source not
containing pollutants. Such exempt discharges shall be allowed only
if uncontaminated.
(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 article.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge but requires a written notification to the
SMO prior to the time of the test.
(4)
Any discharge permitted under a SPDES permit, waiver or waste discharge
order issued to the discharger and administered under the authority
of the NYS 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. The discharger shall be required
to file a copy of said written approval with the MS4 prior to the
discharge.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of any
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.
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 a system 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 that can reasonably be attributed
to the individual sewage treatment system.
B.
Such activities include failing individual sewage treatment systems as defined in § 192-13, improper management of pet waste, or any other 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 municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES
permit authorization.
A.
Best management practices. Where the SMO has identified illicit discharges, as defined in § 192-10, or activities contaminating stormwater, as defined in § 192-14, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at 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 and shall keep and maintain
records and logs of the inspection and maintenance of the BMPs and
make them available for inspection by the MS4 for a period of three
years.
(2)
Any person responsible for a property which is or may be the source of an illicit discharge or an activity contaminating stormwater, as defined in § 192-14, 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, including the recordkeeping requirements described in Subsection A(1).
(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 in § 192-10 of this article, 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 (including oil and grease), laundry wastes, and household chemicals.
(d)
Prohibit the disposal of cigarette butts, disposable diapers,
sanitary napkins, trash and other such items.
(e)
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.
(2)
Repair or replace individual sewage treatment systems, as follows:
(a)
In accordance with 10 NYCRR Appendix 75A and Article IV of the
Rockland County Sanitary Code.
(b)
A professional engineer licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
(c)
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 system. A written certificate of approval
shall be issued by the Rockland County Health Department after inspection
of the construction of the repair or replacement system.
Illicit discharges in emergency situations.
A.
If it is necessary for the SMO to take action, 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 person 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. All costs and expenses
incurred by the SMO to remedy the situation, including proper disposal,
shall be assessed to the owner of the property. If the property owner
fails to pay same, it may become a lien against the property, subject
to a hearing a minimum of 10 days prior to the imposition of the tax
lien.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have its MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMO will notify such person in
writing of the proposed termination of its MS4 access and the reasons
therefor. The person may petition the SMO for a reconsideration and
hearing. Access may be granted by the SMO if he/she finds that the
illicit discharge has ceased and the person 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 a violation if the person reinstates MS4 access to
property terminated pursuant to this section 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 shall be required
by the municipality in a form acceptable to the NYS DEC prior to the
allowing of discharges to the MS4.
Access to properties.
A.
The SMO or his/her designee shall be permitted to enter and inspect
all properties subject to regulation under this article as often as
may be necessary to determine compliance with this article. If a person
has security measures in force that require proper identification
and clearance before entry into its premises, the person shall make
the necessary arrangements to allow access to the SMO.
B.
All persons shall allow the SMO ready access to all parts of the
property for the purposes of inspection, sampling, examination and
copying of records as may be required to implement this article.
C.
The municipality shall have the right to set up on any property subject
to this article such devices as are necessary in the opinion of the
SMO to conduct monitoring and/or sampling of the property's stormwater
discharge.
D.
The municipality has the right to require the properties subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The property's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the person at its own expense. All
devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
E.
Unreasonable delays in allowing the municipality access to a property
subject to this article is a violation of this article. A person who
is the operator of a property subject to this article commits an offense
if the person denies the municipality reasonable access to the property
for the purpose of conducting any activity authorized or required
by this article.
F.
If the SMO has been refused access to any part of the property from
which stormwater is discharged, and he/she 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, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a property or operation, or responsible for emergency
response for a property or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies, the municipality, and the responsible MS4 of the occurrence
via emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the municipality and responsible
MS4 in person or by telephone or facsimile no later than the next
business day. Notifications in person or by telephone shall be confirmed
by written notice addressed and mailed to the municipality within
three business days of the telephone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
A.
Notice of violation. When the municipality's SMO finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the SMO may order compliance by written notice of
violation by certified mail and/or posting of the property to the
responsible person. Such notice may require without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine and reimbursement of any costs and/or expenses
incurred by the municipality relating to the violation; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
(7)
The municipality shall also have the right to issue an appearance
ticket for said violation.
B.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
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 $2,500 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 not less than $2,500 nor
more than $5,000 or imprisonment for a period not to exceed 15 days,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
shall be deemed offenses. Each week's continued violation shall
constitute a separate additional offense.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Village Board of Trustees within 15 days of its
issuance, which shall hear the appeal within 30 days after the filing
of the appeal and, within five days of making its decision, file its
decision in the office of the Village Clerk and mail a copy of its
decision by certified mail to said person.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the municipal authority
upholding the decision of the SMO, then the SMO may request the person's
permission for access to the subject property 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 person.
B.
If refused access to the subject property, the SMO may seek a warrant
in a court of competent jurisdiction to be authorized to enter upon
the property 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 person.
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 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.
A.
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a penalty, upon recommendation
of the Village of Hillburn Attorney and concurrence of the SMO, where:
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.
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.