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Town of Kingsbury, NY
Washington County
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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 § 230-5A. 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 part, unless the Department or the Town has determined them to be substantial contributors of pollutants: waterline flushing or other potable water sources; landscape irrigation or lawn watering; existing diverted stream flows; rising groundwater; uncontaminated groundwater infiltration to storm drains; uncontaminated pumped groundwater; foundation or footing drains; crawl space or basement sump pumps; air-conditioning condensate; irrigation water; springs; water from individual residential car washing; natural riparian habitat or wetland flows; dechlorinated swimming pool discharges; residential street wash water; water from fire-fighting activities; and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(2) 
Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this part.
(3) 
Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test.
(4) 
The prohibition shall not apply to any discharge permitted under 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.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this part if the person connects a line conveying sewage to the Town's MS4 or allows such a connection to continue.
No persons shall operate a failing individual sewage treatment system in areas tributary to the Town's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
A. 
The backup of sewage into a structure.
B. 
Discharges of treated or untreated sewage onto the ground surface.
C. 
A connection or connections to a separate stormwater sewer system.
D. 
Liquid level in the septic tank above the outlet invert.
E. 
Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.
F. 
Contamination of off-site groundwater.
A. 
Activities that are subject to the requirements of this section are those types of activities that:
(1) 
Cause or contribute to a violation of the Town's MS4 SPDES permit.
(2) 
Cause or contribute to the Town being subject to the special conditions as defined in § 230-2, Definitions, of this part.
B. 
Such activities include failing individual sewage treatment systems as defined in § 230-6, improper management of pet waste or any other activity that causes or contributes to violations of the Town'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 Town'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 Town's MS4 SPDES permit authorization.