[HISTORY:[1] Adopted by the Council of the City of New Rochelle 5-15-2007 by L.L. No. 5-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 127.
Impervious surfaces — See Ch. 178.
Property maintenance — See Ch. 250.
Zoning — See Ch. 331.
Land development — See Ch. A361.
[1]
Editor's Note: This chapter, which was formerly
titled “Nonstormwater Discharges,” was retitled 9-24-2007
by Ord. No. 216-2007.
A.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the City Council of the City
of New Rochelle has the authority to enact local laws and amend local
laws for the purpose of promoting the health, safety or general welfare
of the City of New Rochelle and the protection and enhancement of
its physical environment. The City Council of the City of New Rochelle
may include in any local law provisions for the appointment of any
municipal officer, employee, or independent contractor to effectuate,
administer and enforce such local law.
B.
The purpose of this chapter is to provide for the
health, safety, and general welfare of the citizens of the City of
New Rochelle through the regulation of nonstormwater discharges to
the storm drainage system to the maximum extent practicable as required
by Federal and State law. This chapter, entitled "Regulation of NonStormwater
Discharges," establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
chapter are:
(1)
To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user;
(2)
To prohibit Illicit Connections and Discharges to
the municipal separate storm sewer system; and
(3)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this chapter.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Bureau of Buildings and Department of Public Works.
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 subject to NPDES Construction Permits. Currently
these include construction projects resulting in land disturbance
of one acre or more. Such activities include but are not limited to
clearing and grubbing, grading, excavating, and demolition.
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 potential hazard to human health, safety, property,
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm
drain system, except as specifically exempted by this chapter.
Either of the following: any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system, including but not limited to any conveyances
which allows any nonstormwater discharge, including sewage, process
wastewater, and wash water, to enter the storm drain system 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 storm drain system which has not been documented in
plans, maps, or equivalent records and also approved by an authorized
enforcement agency.
Activities subject to NPDES Industrial Permits as defined
in 40 CFR 122.26 (b)(14).
A permit issued by the EPA [or by a New York State authority
delegated pursuant to 33 USC § 1342(b)] that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide
basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
Measures, either structural or non-structural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or non-point source pollution
inputs to stormwater runoff and water bodies.
A document which describes the Best Management Practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to Stormwater, Stormwater
Conveyance Systems, and/or Receiving Waters to the Maximum Extent
Practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A.
This chapter shall apply to all water entering the
Storm Drain System generated on any developed and undeveloped lands
unless explicitly exempted herein.
B.
For the purposes of this chapter, the following activities
are exempt from review:
(1)
Routine maintenance activities that disturb less than
one acre and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility;
(2)
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer;
(3)
Any part of a subdivision if a plat for the subdivision
has been approved by the City of New Rochelle on or before the effective
date of this chapter;
(4)
Land development activities for which a building permit
has been approved on or before the effective date of this chapter;
(5)
Cemetery graves;
(6)
Installation of a fence, sign, telephone, and electric
poles and other kinds of posts or poles;
(7)
Emergency activity immediately necessary to protect
life, property or natural resources;
(8)
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; and
(9)
Landscaping and horticultural activities in connection
with an existing structure.
A.
The Bureau of Buildings shall administer, implement,
and enforce the provisions of this chapter with respect to privately
owned property. Any powers granted or duties imposed upon this Department
may be delegated in writing by the Building Official.
B.
The Department of Public Works shall administer, implement,
and enforce the provisions of this chapter with respect to public
property. Any powers granted or duties imposed upon this Department
may be delegated in writing by the Commissioner of Public Works.
C.
The Commissioner of Public Works shall designate a
Stormwater Management Officer who shall accept and review all stormwater
pollution prevention plans and forward such plans to the Planning
Board with respect to applications for site plan approval and/or subdivision
plat approval or to the Building Official for all other applications.
The Stormwater Management Officer may:
(1)
Personally review the plans;
(2)
Upon approval of the Commissioner of the Department
of Public Works, engage the services of a registered professional
engineer to review the plans, specifications and related documents
at a cost not to exceed a fee schedule established by the City Council;
or
(3)
Accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
The provisions of this chapter are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this chapter 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 chapter.
The standards set forth herein and promulgated
pursuant to this chapter are minimum standards; therefore, this chapter
does not intend nor imply that compliance by any Person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
A.
Prohibition of Illegal Discharges.
(1)
No person shall discharge or cause to be discharged
into the municipal Storm Drain System any materials other than stormwater,
including but not limited to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards.
(2)
The commencement, conduct or continuance of any Illegal
Discharge to the Storm Drainage System is prohibited except as described
as follows:
(a)
Water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air conditioning
condensation, springs, noncommercial washing of vehicles, natural
riparian habitat or wetland flows, swimming pools (if dechlorinated,
typically less than one PPM chlorine), fire-fighting activities, and
any other water source not containing Pollutants;
(b)
Discharges specified in writing by the Authorized
Enforcement Agency as being necessary to protect public health and
safety;
(c)
Dye testing, but only with a verbal notification
to the Authorized Enforcement Agency prior to the time of the test;
and
(d)
Any nonstormwater discharge permitted under
an NPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Federal Environmental
Protection Agency, 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 storm drain system.
B.
Prohibition of Illicit Connections.
(1)
The construction, use, maintenance or continued existence
of Illicit Connections to the Storm Drain System is prohibited.
(2)
This prohibition expressly includes, without limitation,
Illicit Connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
chapter if the person connects a line conveying sewage to the MS4,
or allows such a connection to continue.
A.
Suspension due to Illicit Discharges in Emergency
Situations. The Building Official or Commissioner of Public Works
may, without prior notice, suspend discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4
or Waters of the United States. If the violator fails to comply with
a suspension order issued in an emergency, the authorized enforcement
agency may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or Waters of the United States, or to minimize danger
to persons.
B.
Suspension due to the Detection of Illicit Discharge.
(1)
Any person discharging to the 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 authorized enforcement
agency will notify a violator of the proposed termination of its MS4
access. The violator may petition the Authorized Enforcement Agency
within 10 days of such notice for a reconsideration and hearing.
(2)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this Section, without
the prior approval of the Authorized Enforcement Agency.
A.
Permit Required. All applications for approval of
a land development activity shall require a Stormwater Pollution Prevention
Plan (SWPPP) prepared by a landscape architect, certified professional
or professional engineer, signed by the professional preparing the
plan, who shall certify that the design of all stormwater management
practices meet the requirements in this chapter.
B.
Contents of Stormwater Pollution Prevention Plan.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Information about the scope of the project, including
location, type and size of project;
(2)
Site map/construction drawings(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);
(3)
Description of the soils present at the site;
(4)
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;
(5)
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;
(6)
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;
(7)
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 close-out;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the site and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent
control measures;
(11)
Implementation schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(12)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
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; and
(16)
Any existing data that describes the stormwater runoff
at the site.
C.
Additional Requirements.
(1)
Any person subject to an industrial or construction
activity NPDES 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 Building Official prior to the allowing
of discharges to the MS4.
(2)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with terms and conditions of the Stormwater Pollution Prevention Plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards." 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. The certification statement(s) shall become part of the SWPPP
for the land development activity.
(3)
A copy of the SWPPP shall be retained at the site
of the land development activity during the period of construction.
(4)
Applications requiring Planning Board approval that
create 1/2 acre (1/4 acre in the Coastal Zone) or more of new or additional
impervious surface shall incorporate plans for the construction of
a retention basin capable of retaining and treating the first 1/2
inch of runoff resulting from a one-year, twenty-four-hour storm event,
whichever is greater, from the runoff of the newly constructed impervious
areas. If it can be demonstrated to the satisfaction of the Planning
Board that retention basins or extended detention facilities are not
practical alternatives, other methods recommended in the current NYSDEC
Stormwater Management Guidelines, such as reducing the impacts of
stormwater runoff from new development, may be used as substitutes.
Substitutes may also include the use of dry wells, swales, grit and/or
oil separator and filter strips. The basin and all the necessary appurtenances
shall be in accordance with the Department of Public Works requirements.
In addition, the applicant shall utilize the Westchester County Best
Management Practices Manual for Erosion and Sediment Control to prepare
a sediment control plan acceptable to the Building Official. Oil/Grit
separators or other water quality structures designed to capture oils
and sediments and all other water quality and retention design elements
such as bioswales, retention basins, bioswales, and all other permanent
BMPs, shall be constructed to permit access for inspection and maintenance,
and the owner shall submit maintenance reports together with a signed
and notarized certification on a form supplied by the Building Official
twice per year, once between April 15 and May 30 and once between
October 15 and November 30, certifying that the oil/grit separator
or other water quality structure or element was inspected and cleaned
out during the above-described time periods and that said separators
or other water quality structures are in working order. The owner
shall be further required to post a long-term maintenance bond with
respect to the performance of the maintenance required herein. If
the maintenance bond expires or is used by the City in order to conduct
the required inspection and cleaning in the event of default by the
owner, then the City may serve an abatement notice for further expenses
incurred by or on behalf of the City pursuant to the procedures set
forth in § 200 of the City Charter.
[Amended 9-19-2023 by Ord. No. 2023-147]
(5)
Applications requiring Planning Board approval that
involve disturbing more than one acre of land during construction
must satisfy the applicable requirements of the Phase II SPDES general
permit, and the standards of the NYSDEC for approval.
(a)
Documentation shall be provided to the Board
demonstrating that the following requirements have been met, which
shall be prepared by a professional engineer, landscape architect
or certified professional in erosion and sediment control:
[1]
Management of soil erosion and sediment control
during and after construction, in accordance with the Westchester
County Best Management Practices Manual for Erosion and Sediment Control
and NYSDEC requirements, whichever is more restrictive.
[2]
Treatment of the required volume of runoff from
each area in terms of water quality.
[3]
Preparation of a draft Stormwater Pollution
Prevention Plan (SWPPP) in accordance with this chapter.
(b)
All soil erosion and sediment control plans,
design of splitter boxes, design of oil/grit separators, and water
quality treatment measures and detention shall conform to the standards
of the NYSDEC. Compliance shall be detailed on the plans submitted
to the Planning Board for approval.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity
or construction activity.
B.
Access to Facilities.
(1)
The Building Official 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 chapter.
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 representatives
of the authorized enforcement agency.
(2)
Facility operators shall allow the Building Official
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The Building Official shall have the right to set
up on any permitted facility such devices as are necessary in the
opinion of the authorized enforcement agency to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The Building Official has the right to require the
discharger to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the Building Official and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Building Official
access to a permitted facility are a violation of a stormwater discharge
permit and of this chapter. A person who is the operator of a facility
with a NPDES permit to discharge stormwater associated with Industrial
Activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
(7)
If the Building Official 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 chapter, 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 chapter or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
C.
Maintenance and Inspection Requirements.
(1)
During Construction. 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%. The applicant or developer or representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inch of
precipitation or more. Inspection reports shall be delivered to the
Stormwater Management Officer and copied to a site log book.
(2)
After Construction.
(a)
Prior to the issuance of any approval that includes
permanent stormwater management practices ("SMP"), the applicant or
developer must execute a maintenance easement agreement that shall
be binding on all subsequent landowners. The easement shall provide
for access to the premises at reasonable times for periodic inspection
by the City of New Rochelle to ensure that the SMP 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 Corporation
Counsel.
(b)
The owner or operator of permanent SMP installed
in accordance with this chapter shall ensure that it is 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 operations and maintenance
and training new maintenance personnel.
[3]
Discharges from the SMPs shall not exceed design
criteria or cause or contribute to water quality standard violations.
(3)
Maintenance Agreements. The applicable approval authority
shall approve a formal maintenance agreement 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 City
of New Rochelle, in lieu of a maintenance agreement, at its sole discretion
may accept dedication of any existing or future SMP, provided such
facilities meet all of the requirements of this chapter and includes
adequate area, by easement or otherwise, for inspection and regular
maintenance.
A.
The City may hire any consultant and/or expert necessary
to assist the City in reviewing and evaluating the SWPPP, including
the cost of inspections during construction and postconstruction maintenance
requirements under this chapter.
B.
An applicant shall deposit with the City funds sufficient
to reimburse the City for all reasonable costs of consultant and expert
fees. The initial deposit shall be $10,000, which shall be placed
in an escrow account at the time of submission of the application.
The City's consultants/experts shall invoice the City for their services
in reviewing the application or performing inspection/maintenance
work. If at any time during the process this escrow account has a
balance less than $1,000, the applicant shall immediately, upon notification
by the City, replenish said escrow account so that it has a balance
of at least $3,000. Such additional escrow funds shall be deposited
with the City before any further action or consideration is taken
on the application. In the event that the amount held in escrow by
the City is more than the amount of the actual invoicing for work
performed through the date of issuance of a certificate of occupancy,
the remaining funds shall be reimbursed to the applicant. The applicant
shall, prior to the issuance of the Certificate of Occupancy, submit
a long-term bond in an amount to be determined by the Commissioner
of Public Works for maintenance to be conducted by the City as required
by this chapter.
C.
The total amount of the funds needed may vary with
the scope and complexity of the project, the completeness of the application
or certification and other information as may be needed to complete
the necessary review, analysis, inspection and maintenance as required
by this chapter.
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 municipal storm drain system or watercourses through the
use of these structural and nonstructural BMPs. Further, any person
responsible for a property or premises, which is, or may be, the source
of an Illegal Discharge, may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the municipal separate storm sewer
system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a Stormwater
Pollution Prevention Plan (SWPPP) as necessary for compliance with
requirements of the NPDES permit.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation has information
of any known or suspected release of materials which are resulting
or may result in illegal discharges or pollutants discharging into
stormwater, the Storm Drain System, or water of the United States,
said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release
of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services.
In the event of a release of nonhazardous materials, said person shall
notify the authorized enforcement agency in person or by phone or
facsimile no later than the next business day. Notifications in person
or by phone shall be confirmed by written notice addressed and mailed
to the Building Official within three business days of the phone notice.
If the illegal 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)
Whenever the Building Official or Commissioner of
Public Works' representative finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the authorized enforcement
agency may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
(a)
The performance of monitoring, analyses, and
reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations
shall cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
and
(e)
Payment of a fine to cover administrative and
remediation costs; 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 fails 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 in accordance with the procedures
set forth in Section 200 of the City Charter.
(3)
Appeal of Notice of Violation. Any person receiving
a Notice of Violation may appeal the determination of the Authorized
Enforcement Agency. The notice of appeal must be received within 10
days from the date of the Notice of Violation. Hearing on the appeal
before the City Manager or his/her designee shall take place within
15 days from the date of receipt of the notice of appeal. The decision
of the municipal authority or its designee shall be final.
(4)
Enforcement Measures after Appeal. If the violation
has not been corrected pursuant to the requirements set forth in the
Notice of Violation, or, in the event of an appeal, within 10 days
of the decision of the municipal authority upholding the decision
of the authorized enforcement agency, then representatives of the
authorized enforcement agency shall enter upon the subject private
property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
B.
Cost of Abatement of the Violation. Within 10 days
after abatement of the violation, the owner of the property or the
lessee will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to
the amount of the assessment within 10 days. If the amount due is
not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file
an appeal, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment pursuant to Section 200 of the City Charter. Any
person violating any of the provisions of this section shall become
liable to the City by reason of such violation.
C.
Injunctive Relief. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this chapter. If a person has violated or continues to violate
the provisions of this chapter, the Authorized Enforcement Agency
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.
D.
Violations Deemed a Public Nuisance. 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
chapter 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.
E.
Criminal Prosecution.
(1)
Any person who has violated or continues to violate
this chapter shall be liable to criminal prosecution to the fullest
extent of the law, and shall be subject to a criminal penalty of up
to $1,000 per violation per day and/or imprisonment for a period of
time not to exceed 15 days. Each and every day that a violation continues
shall be deemed a separate violation.
(2)
The Authorized Enforcement Agency may recover all
attorneys' fees court costs and other expenses associated with enforcement
of this chapter, including sampling and monitoring expenses.
F.
Remedies Not Exclusive. The remedies listed in this
chapter 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.
