[HISTORY: Adopted by the Town Board of the Town of North
Castle 12-19-2007 by L.L. No. 22-2007 (Ch. 173 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 127.
Excavations — See Ch. 157.
Filling and grading — See Ch. 161.
Flood damage prevention — See Ch. 177.
Sewers — See Ch. 250.
Subdivision of land — See Ch. 275.
Water — See Ch. 336.
Wetlands and watercourses — See Ch. 340.
Zoning — See Ch. 355.
This chapter shall be known and cited as the "Stormwater Management,
Erosion and Sediment Control Law and Illicit Discharges, Activities
and Connections to Separate Storm Sewer System of the Town of North
Castle."
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Town Board of North Castle has the
authority to enact local laws and amend local laws for the purpose
of promoting the health, safety or general welfare of the Town of
North Castle and for the protection and enhancement of its physical
environment. The Town Board of North Castle may include in any such
local law provisions for the appointment of any municipal officer,
employees or independent contractor to effectuate, administer and
enforce such local law.
A.
Findings. The Town Board of the Town of North Castle hereby finds
that:
(1)
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition.
(2)
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
(3)
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow.
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
(8)
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
(9)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
B.
Purpose. The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public residing within this jurisdiction and to address the findings of fact identified in § 267-3 of this chapter. This chapter seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of Minimum Control Measures four and five of
the New York State Department of Environmental Conservation (NYSDEC)
State Pollutant Discharge Elimination System SPDES General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-15-003, or as amended or revised;
[Amended 11-18-2015 by L.L. No. 9-2015]
(2)
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, Permit No. GP-15-002, or as amended or
revised;
[Amended 11-18-2015 by L.L. No. 9-2015]
(3)
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature
and stream bank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
C.
Applicability.
(1)
This chapter shall be applicable to all land development activities as defined in § 267-4B of this chapter.
(2)
The municipality shall designate a Stormwater Management Officer
(SMO), who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The
Stormwater Management Officer may:
(3)
All land development activities subject to review and approval by
the applicable board of the Town of North Castle under subdivision,
site plan and/or special permit regulations shall be reviewed subject
to the standards contained in this chapter.
(4)
All land development activities not subject to review as stated in § 267-3C(3) of this chapter shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this chapter.
(5)
The provisions of this chapter shall not apply to any project that
has been physically completed prior to the effective date of this
chapter.
[Added 11-18-2015 by L.L.
No. 9-2015]
(6)
A project that was approved prior to the effective date of this chapter,
but which is not in conformity with the provisions of this chapter,
may be continued, subject to the following:
[Added 11-18-2015 by L.L.
No. 9-2015]
(a)
All such activities shall continue to be governed by the present
regulations of the Town of North Castle.
(b)
No such activity shall be expanded, changed, enlarged or altered
without compliance with this chapter.
(c)
If such activity is discontinued for 12 consecutive months,
any resumption of the activity shall conform to this chapter.
(d)
If any use or activity is destroyed by human activities, a force
of nature or an act of God, it shall not be resumed except in conformity
with the provisions of this chapter.
D.
Exemptions.
(1)
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
(2)
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of North Castle on or before the effective date
of this chapter.
(3)
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
(4)
Cemetery graves.
(5)
Installation of fence, sign, telephone and electric poles and other
kinds of posts or poles.
(6)
Emergency activity immediately necessary to protect life, property
or natural resources.
(7)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(8)
Landscaping and horticultural activities in connection with an existing
structure.
A.
Unless specifically defined below, words and phrases used in this chapter shall be interpreted to have the meaning they have in common English usage, to give effect to the purpose set forth in § 267-3B, and to provide reasonable application of this chapter.
B.
AGRICULTURAL ACTIVITY
APPLICANT
BEST MANAGEMENT PRACTICES (BMPs)
BUILDING
CHANNEL
CLEAN WATER ACT
CLEARING
CONSTRUCTION ACTIVITY
DEDICATION
DEPARTMENT
DESIGN MANUAL
DEVELOPER
EROSION CONTROL MANUAL
GREEN INFRASTRUCTURE PRACTICE
GRADING
HAZARDOUS MATERIAL
ILLICIT CONNECTION
(1)
(2)
ILLICIT DISCHARGE
IMPERVIOUS COVER
INDUSTRIAL ACTIVITY
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
MAINTENANCE AGREEMENT
MS4
MUNICIPALITY
MUNICIPAL SEPARATE STORM SEWER SYSTEM
NONPOINT SOURCE POLLUTION
NONSTORMWATER DISCHARGE
PERSON
PHASING
POINT SOURCE POLLUTION
POLLUTANT
POLLUTANT OF CONCERN
PREMISES
PROJECT
QUALIFIED INSPECTOR
QUALIFIED PROFESSIONAL
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-15-002
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-15-003
SPECIAL CONDITION
(1)
(2)
(3)
(4)
303(D) LIST
STABILIZATION
STABILIZED
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER
DISCHARGE PERMIT
STOP-WORK ORDER
STORMWATER
STORMWATER HOT SPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER (SMO)
STORMWATER MANAGEMENT PRACTICES (SMPS)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
SURFACE WATERS OF THE STATE OF NEW YORK
TMDL
TOTAL MAXIMUM DAILY LOAD
TRAINED CONTRACTOR
WASTEWATER
WATERCOURSE
WATERWAY
As used in this chapter, the following terms shall have the meanings
indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
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.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Any activity that removes the vegetative surface cover.
Activity requiring authorization under the NYSDEC SPDES General
Permit for Stormwater Discharges from Construction Activity, GP-15-002,
as amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include, but are not limited to, clearing and grubbing, grading, excavating
and demolition.
[Amended 11-18-2015 by L.L. No. 9-2015]
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serve as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
As set forth in Chapter 5 of the New York State Stormwater Management Design Manual.
[Added 11-18-2015 by L.L.
No. 9-2015]
Excavation or fill of material, including the resulting conditions
thereof.
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 § 267-12 of this chapter.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
Activities requiring the NYSDEC SPDES Multi-Sector General
Permit for Stormwater Discharges Associated with Industrial Activity,
GP-0-12-001, as amended or revised.
[Amended 11-18-2015 by L.L. No. 9-2015]
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries, which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grubbing, grading,
filling, excavating or stockpiling activities, that results in soil
disturbance equal to or greater than 5,000 square feet. Clearing activities
include, but are not limited to, logging equipment operations, the
cutting and skidding of trees, and stump removal and/or brush root
removal. Land development activity does not include routine maintenance
that is performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
[Amended 11-18-2015 by L.L. No. 9-2015]
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A contiguous area where multiple separate and distinct land
development activities are occurring, or will occur, under one plan.
The term "plan" in "larger common plan of development or sale" is
broadly defined as any announcement or piece of documentation (including
a sign, public notice or hearing, marketing plan, advertisement, drawing,
permit application, State Environmental Quality Review Act (SEQRA)
application, zoning request, computer design, etc.) or physical demarcation
(including signs, lot stakes, surveyor markings, etc.) indicating
that land development activities may occur on a specific plot. For
discrete construction projects that are located within a "larger common
plan of development or sale" that are at least 1/4 mile apart, each
activity can be treated as a separate plan of development or sale,
provided any interconnecting road, pipeline or utility project that
is part of the same common plan is not concurrently being disturbed.
[Added 11-18-2015 by L.L.
No. 9-2015]
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Municipal separate storm sewer system.
The Town of North Castle.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains):
Pollution from any source other than from any discernible,
confined and discrete conveyances and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Pollution from a single identifiable localized source, typically
a discernible, confined and discrete conveyance.
[Added 11-18-2015 by L.L.
No. 9-2015]
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 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.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Land development activity.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), registered
landscape architect, or other NYSDEC endorsed individual(s). It can
also mean someone working under the direct supervision of, and at
the same company as, the licensed professional engineer or registered
landscape architect, provided that person has training in the principles
and practices of erosion and sediment control. Training in the principles
and practices of erosion and sediment control means that the individual
working under the direct supervision of the licensed professional
engineer or registered landscape architect has received four hours
of NYSDEC endorsed training in proper erosion and sediment control
principles every three years.
[Added 11-18-2015 by L.L.
No. 9-2015]
A person that is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other NYSDEC endorsed
individual(s). Individuals preparing SWPPPs that require post-construction
stormwater management practices must have an understanding of the
principles of hydrology, water quality management practice design,
water quantity control design and, in many cases, the principles of
hydraulics, in order to prepare a SWPPP that conforms to the NYSDEC's
technical standard. All components of the SWPPP that involve the practice
of engineering, as defined by the New York State Education Law, shall
be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York.
[Added 11-18-2015 by L.L.
No. 9-2015]
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
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, or 5,000 square
feet or more within the New York City east of Hudson Watershed.
[Amended 11-18-2015 by L.L. No. 9-2015]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
[Amended 11-18-2015 by L.L. No. 9-2015]
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified 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.
Section 303(d)-listed waters: 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.
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 the 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, 2007, 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 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.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. Section 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 use of practices that prevent exposed soil from eroding.
That all soil disturbance activities have ceased and a uniform,
perennial vegetative cover with a minimum density of 80% over the
entire pervious surface has been established; or other equivalent
stabilization measures, such as permanent landscape mulches, rock
riprap or washed/crushed stone have been applied on all disturbed
areas that are not covered by permanent structures, concrete or pavement.
[Added 11-18-2015 by L.L.
No. 9-2015]
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer 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. In addition, the SMO enforces the prohibition of illicit
discharges, activities and connections to the separate storm sewer
system.
Measures, either structural or nonstructural, that are determined
to be the most-effective practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities, prepared in conformance
with this chapter, the SPDES General Permit for Construction Activities,
and applicable NYSDEC technical standards.
[Amended 11-18-2015 by L.L. No. 9-2015]
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
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.
An employee from the contracting (construction) company that
has received four hours of NYSDEC-endorsed training in proper erosion
and sediment control principles. After receiving the initial training,
the trained contractor shall receive four hours of training every
three years. It can also mean an employee from the contracting (construction)
company that meets the qualified inspector qualifications as defined
herein.
[Added 11-18-2015 by L.L.
No. 9-2015]
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Amended 11-18-2015 by L.L. No. 9-2015]
A.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed until
either the SMO or the appropriate board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this chapter. For projects also requiring coverage
under the SPDES General Permit for Construction Activities, applications
must also be accompanied by all related NYSDEC forms and certifications.
C.
All SWPPPs shall be prepared in conformance with this chapter, the
SPDES General Permit for Construction Activities, and the NYSDEC technical
standards, as applicable.
D.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project;
(b)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of the stormwater discharge(s);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless a greater amount is determined necessary
pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on site, with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project, from initial land clearing and grubbing
to project closeout;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and the
duration that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable;
(p)
Any existing data that describes the stormwater runoff at the
site; and
(q)
Post-construction stormwater quantity and quality controls,
at the discretion of the SMO and/or the Town Engineer, may be required.
(2)
Post-construction stormwater management practice component.
(a)
All construction projects identified as needing post-construction stormwater management practices pursuant to the SPDES General Permit for Construction Activities shall prepare a SWPPP that includes practices designed in conformance with the Design Manual, including green infrastructure practices, in addition to the items listed under § 267-5D(1) above. Where post-construction stormwater management practices are not designed in conformance with this technical standard, the applicant must demonstrate equivalence to the technical standard.
(b)
At a minimum, the post-construction stormwater practice component
of the SWPPP shall include the following:
[1]
Identification of all post-construction stormwater management
practices to be constructed as part of the project.
[2]
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
[3]
Hydrologic and hydraulic analysis for all structural components
of the stormwater management control system for the applicable design
storms. The analysis shall include tributary area maps with two-foot
contours for the predevelopment and post-development conditions.
[4]
Detailed summary (including calculations) of the sizing criteria
that was used to design all post-construction stormwater management
practices. At a minimum, the summary shall address the required design
criteria from the applicable chapter of the Design Manual; including
the identification of and justification for any deviations from the
Design Manual, and identification of any design criteria that are
not required based on the design criteria or waiver criteria included
in the Design Manual.
[5]
Identification of any elements of the design that are not in
conformance with the Design Manual. Include the reason for the deviation
or alternative design and provide information which demonstrates that
the deviation or alternative design is equivalent to the technical
standards.
[6]
Comparison of post-development stormwater runoff conditions
with predevelopment conditions.
[7]
Dimensions, material specifications and installation details
for each post-construction stormwater management practice or facility.
[8]
Site maps must include existing topography with two-foot contours,
a proposed grading plan with a limit of disturbance line, and the
calculated area of disturbance in acres.
[9]
An operations and maintenance plan that includes inspection
and maintenance schedules and actions to ensure continuous and effective
operation of each post-construction stormwater management practice
or facility. The plan shall identify the entity that will be responsible
for the long-term operation and maintenance of each practice.
[10]
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(3)
Enhanced phosphorus. All projects that are required to conform to
the Enhanced Phosphorus Removal Standards, pursuant to the SPDES General
Permit for Construction Activities, shall prepare a SWPPP that includes
post-construction stormwater management practices designed in conformance
with the Enhanced Phosphorus Removal Standards included in the Design
Manual. At a minimum, the post-construction stormwater management
practice component of the SWPPP shall include items D(2)(b)[1] through
D(2)(b)[11] above.
E.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
F.
Contractor certification.
(1)
All certifications required pursuant to the SPDES General Permit
for Construction Activities shall be submitted, endorsed and incorporated
into the SWPPP.
(2)
Each contractor and subcontractor identified in the SWPPP who will
be responsible for installing, constructing, repairing, inspecting
and maintaining the erosion and sediment control practices included
in the SWPPP and the post-construction stormwater management practice
installation must sign and date a copy of the following contractor
certification statement before undertaking any land development activity:
"I hereby certify that I understand and agree to comply with the terms
and conditions of the SWPPP and agree to implement any corrective
actions identified by the qualified inspector during a site inspection.
I also understand that the owner or operator must comply with the
terms and conditions of the most current version of the New York State
Pollutant Discharge Elimination System ("SPDES") General Permit for
Stormwater Discharges from Construction Activities and that it is
unlawful for any person to cause or contribute to a violation of water
quality standards. Furthermore, I understand that certifying false,
incorrect or inaccurate information is a violation of the referenced
permit and the laws of the State of New York and could subject me
to criminal, civil and/or administrative proceedings."
(3)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm,
the address (or other identifying description) of the site, and the
date the certification is made.
(4)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
G.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter.
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A of this section, and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
Maintenance and inspection during construction.
[Amended 11-18-2015 by L.L. No. 9-2015]
(1)
Inspection requirements shall be as specified within the SPDES General
Permit for Construction Activities.
(2)
The applicant or developer of the land development activity or his
or her representative shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this chapter. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(3)
The applicant/developer must ensure that all erosion and sediment
control practices and all post-construction stormwater management
practices identified in the SWPPP are maintained in effective operating
condition at all times.
(4)
The applicant/developer shall inspect, in accordance with the requirements
of the most current version of the Erosion Control Manual, the erosion
and sediment controls identified in the SWPPP to ensure that they
are being maintained in effective operating condition at all times.
The applicant/developer shall have each of the contractors and subcontractors
identify at least one person from their company that will be responsible
for implementation of the SWPPP. This person shall be known as the
trained contractor. The applicant/developer shall ensure that at least
one trained contractor is on site on a daily basis when soil disturbance
activities are being performed.
(5)
For land development activities that disturb one or more acres of
land, the applicant shall have a qualified inspector conduct site
inspections and document the effectiveness of all erosion and sediment
control practices every seven calendar days. Inspection reports shall
be prepared in compliance with standards outlined within the SPDES
General Permit for Construction Activities. Inspection reports shall
be maintained on site and copies furnished to the SMO upon request.
(6)
Inspections of any post-construction stormwater management practice
that includes structural components shall be performed by a New York
State licensed professional engineer.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
North Castle to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the North Castle
Town Attorney.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
D.
Maintenance agreements. The Town of North Castle shall approve a
formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of the Town of North Castle Stormwater Control
Facility Maintenance Agreement on file with the Town Attorney. The
Town of North Castle, in lieu of a maintenance agreement, at its sole
discretion, may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this chapter and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
A.
Construction inspections.
(1)
Erosion and sediment control inspection.
(a)
The Town of North Castle Stormwater Management Officer may require such inspections as necessary to determine compliance with this Chapter 267 of the Town Code and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this Chapter 267 of the Town Code and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of North Castle Building Department at least 48 hours before any of the following, as required by the Stormwater Management Officer:
[1]
Start of construction.
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further land development activity shall be
conducted except for site stabilization until any violations are corrected
and all work previously completed has received approval by the Stormwater
Management Officer.
(2)
Stormwater management practice inspections. The Town of North Castle
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
(3)
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
(5)
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of North Castle the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A(3) of this section.
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of North Castle
in its approval of the stormwater pollution prevention plan, the Town
of North Castle may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Town of North Castle as the beneficiary. The security shall be
in an amount to be determined by the Town of North Castle based on
submission of final design plans, with reference to actual construction
and landscaping costs. The performance guarantee shall remain in force
until the surety is released from liability by the Town of North Castle,
provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility(ies)
has (have) been constructed in accordance with the approved plans
and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Town of
North Castle. Per annum interest on cash escrow deposits shall be
reinvested in the account until the surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town of North Castle with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of North Castle
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Town of North Castle determines that a land development activity is not being carried out in accordance with the requirements of this Chapter 267 of the Town Code, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer or applicant.
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
A description of the remedial measures necessary to bring the
land development activity into compliance with this chapter and a
time schedule for the completion of such remedial action.
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed.
(f)
A statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
(2)
Stop-work orders. The Town of North Castle may issue a stop-work order for violations of Chapter 267 of the Town Code. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of North Castle confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal or monetary penalties in accordance with the enforcement measures authorized in this Chapter 267 of the Town Code.
(3)
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
(4)
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
$350 or imprisonment for a period not to exceed six months, 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 $350 nor more than $700 or imprisonment for
a period not to exceed six months, 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 $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
(5)
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land.
(6)
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of North
Castle may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
D.
Fees for services. The Town of North Castle may require any person undertaking land development activities regulated by Chapter 267 of the Town Code to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by the Town of North Castle or performed by a third party for the Town of North Castle in such amounts as set forth in the Master Fee Schedule.[1]
[Amended 8-14-2013 by L.L. No. 7-2013]
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the Town of North Castle through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and state law. This chapter 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 article are:
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-15-003, or as amended or revised;
[Amended 11-18-2015 by L.L. No. 9-2015]
B.
To regulate the contribution 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
and monitoring procedures necessary to ensure compliance with this
chapter; and
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement and enforce the provisions of this article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMO as may be authorized by the
municipality.
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 chapter, unless the Department or the municipality 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 firefighting 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 chapter.
(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 article if the
person connects a line conveying sewage to the municipality's MS4
or allows such a connection to continue.
B.
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 § 267-4 of this chapter or activities contaminating stormwater as defined in § 267-13, 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.
(2)
Any person responsible for a property or premises, which is or may be the source of an illicit discharge as defined in § 267-4 of this chapter or an activity contaminating stormwater as defined in § 267-13, 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 article.
A.
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 violator 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.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this chapter
may have his or her MS4 access terminated if such termination would
abate or reduce an illicit discharge. The SMO will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator 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 discharger 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 an offense if the person reinstates MS4
access to premises 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 may be required
in a form acceptable to the Town prior to the allowing of discharges
to the MS4.
A.
Applicability. This section applies to all facilities that the SMO
must inspect to enforce any provision of this article or whenever
the authorized enforcement agency has cause to believe that 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 SMO shall be permitted to enter and inspect facilities subject
to regulation under this chapter as often as may be necessary to determine
compliance with this article. 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 SMO.
(2)
Facility operators shall allow the SMO ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and the copying of records as may be required to implement this article.
(3)
The Town shall have the right to set up on any facility subject to
this chapter such devices as are necessary in the opinion of the SMO
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Town has the right to require the facilities subject to this
article 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)
Unreasonable delays in allowing the Town access to a facility subject
to this chapter are a violation of this article. A person who is the
operator of a facility subject to this article commits an offense
if the person denies the Town reasonable access to the facility for
the purpose of conducting any activity authorized or required by this
article.
(6)
If the SMO has been refused access to any part of the premises 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 facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Town in person or by telephone or facsimile no later than the
next business day. Notifications in person or by telephone shall be
confirmed by written notice addressed and mailed to the Town 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.
(1)
When the Town's SMO finds that a person has violated a prohibition
or failed to meet a requirement of this article, he/she may order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices or operations shall cease
and desist;
(c)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses and reporting;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment BMPs.
(2)
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.
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 by imprisonment for a period not to exceed 15 days, or by
both such fine and imprisonment. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each day's continued violation shall constitute a
separate additional violation.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town Board within 15 days of its issuance, which
Board 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 Town Clerk and mail a copy of its decision by
certified mail to the discharger.
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 shall request the
owner's permission for access to the subject private property to take
any and all measures reasonably necessary to abate the violation and/or
restore the property.
B.
If refused access to the subject private property, the SMO may seek
a warrant in a court of competent jurisdiction to be authorized to
enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the discharger.
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 civil penalty, upon
recommendation of the Town Attorney and concurrence of the Town Building
Inspector, 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.