[HISTORY: Adopted by the Orangetown Town Board as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-27-2006 by L.L. No. 19-2006]
The purpose of this law is to provide for the health, safety,
and general welfare of the citizens of the Town of Orangetown 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 law 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. The objectives of this law are:
A.
To meet the requirements of the SPDES general permit for
stormwater discharges from MS4s, Permit No. GP-02-02, or as amended
or revised;
B.
To regulate the contributions of pollutants to the MS4
since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.
To prohibit illicit connections, activities and discharges
to the MS4;
D.
To establish legal authority to carry out all inspection,
surveillance, monitoring and enforcement procedures necessary to ensure
compliance with this law;
E.
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 law, unless a different meaning is stated
in a definition applicable to only a portion of this law, 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 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 illicit 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 § 30C-5.
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.
An activity requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate stormwater sewer system.
The Town of Orangetown.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
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.
The New York State Department of Environmental Conservation.
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
and 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 water quality 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 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.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where a municipality has been notified by NYSDEC 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 that future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSThe 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 the EPA for a waterbody 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 the EPA for any
waterbody 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 the 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 Town of Orangetown to enforce this local law. 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, inspect stormwater management practices and designate
certain responsibilities pursuant to this local law 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 the Department[1] as required by Section 303(d) of the Clean Water Act.
303(d) listed waters are estuaries, lakes and streams that fall short
of state surface water quality standards and are not expected to improve
within the next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a waterbody 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.
[1]
Editor's Note: The New York State Department of Environmental
Conservation maintains this list.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement, and enforce the provisions of this law.
The provisions of this law 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 law.
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 Subsection A(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 local law, unless the NYSDEC 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 local
law.
(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 NYSDEC, 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 § 30C-6, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Immediately 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 § 30C-2 or activities contaminating stormwater, 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 the owner's or operator's 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 which is, or may
be, the source of an illicit discharge or any activity contaminating
stormwater may be required to implement, at said person's expense,
additional structural and nonstructural BMPs to reduce or eliminate
the source of pollutant(s) to the MS4.
(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 § 30C-2 of this local law, the owner or operator of such individual sewage treatment system shall be required to:
(1)
Maintain and operate the 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; and
(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 the individual sewage treatment system
as follows:
(a)
In accordance with 10 NYCRR Appendix 75A and Article
IV of the Rockland County Sanitary Code; and
(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.
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 and the municipality 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 lien.
B.
Suspension due to the detection of illicit discharge. Any
person discharging to the municipality's MS4 in violation of
this law may have his/her 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 his/her 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,
which determination shall be stated, 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 NYSDEC prior to the
allowing of discharges to the MS4.
A.
Access to properties.
(1)
The SMO or his/her designee shall be permitted to enter
and inspect all properties subject to regulation under this law as
often as may be necessary to determine compliance with this Law. If
a person has security measures in force that require proper identification
and clearance before entry into his/her premises, the person shall
make the necessary arrangements to allow access to the SMO.
(2)
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 law.
(3)
The municipality shall have the right to set up on any
property subject to this law such devices as are necessary in the
opinion of the SMO to conduct monitoring and/or sampling of the property's
stormwater discharge.
(4)
The municipality has the right to require a person subject
to this law to install, at the person's expense, monitoring equipment
as is reasonably necessary to determine compliance with this law.
The property's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the person
at his/her own expense. All devices used to measure stormwater flow
and quality shall be calibrated to ensure their accuracy.
(5)
Unreasonable delays in allowing the municipality access
to a property subject to this law is a violation of this law. A person
who is the owner or operator of a property subject to this law 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 law.
(6)
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 law, 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 SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
or other individual responsible for a property or the property's
operation, or responsible for emergency response for a property or
the property's 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 law, 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 a
summons to appear in court to answer for said violation.
B.
Penalties. In addition to or as an alternative to any penalty
provided herein or by law, any person convicted for violating the
provisions of this local law 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 local law 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 Town Board of the municipality 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 Municipal Clerk and mail a
copy of its decision by certified mail to said person.
A.
If a violation has not been corrected pursuant to the requirements
set forth in a 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, the SMO shall be given 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 shall
seek a warrant or order 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 law. If a person
has violated or continues to violate the provisions of this law, the
SMO may petition to a court of competent jurisdiction 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 law, he/she
may be eligible for alternative remedies in lieu of a penalty, upon
recommendation of the Town of OrangeTown Attorney and concurrence
of the SMO, where:
In addition to the enforcement processes and penalties provided
in this law, any condition caused or permitted to exist in violation
of any of the provisions of this law 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 law 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.
This law shall be in full force and effect immediately after
its final passage and adoption. All prior laws and parts of law in
conflict with this law are hereby repealed.
