[Adopted 4-1-2008]
The purpose and intent of this article is to
ensure the health, safety and general welfare of citizens, and protect
and enhance the water quality of watercourses and water bodies in
a manner pursuant to and consistent with the Federal Clean Water Act
(33 U.S.C. § 1251 et seq.) by:
For the purpose of this article, the following
shall mean:
Employees or designees of the Town of Parma.
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 SPDES 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 individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
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 direct or indirect nonstormwater discharge to the storm
drain system, except as exempted in § 125-40 of this article
and any stormwater discharges to the sanitary sewer except as permitted
by the Town of Parma.
An illicit connection is defined as 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
allow any nonstormwater discharge including sewage, process wastewater
and wash water to enter the storm drain system and any connection
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 a government 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 approved by the
Town of Parma.
Any stormwater discharge to a sanitary sewer
unless approved by the Town of Parma.
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired byproduct waste resulting from any process of
industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
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 that 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, 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.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
A sewer, which transports sewage and to which storm, surface
and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground, surface and stormwater as may be inadvertently present.
The admixture of sewage with industrial wastes as defined above or
other wastes also shall be considered "sewage" within the meaning
of this definition.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
that the discharge of stormwater authorized under their municipal
separate storm sewer (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 Town of Parma must
take all necessary actions to ensure future discharges do not cause
or contribute to a violation of water quality standards.
303(d) listed waters: the condition in the Town
of Parma's MS4 permit that applies where the Town 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 Town of Parma's MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved
by EPA for a water body or watershed into which the Town discharges.
If the discharge from the Town did not meet the TMDL stormwater allocation
prior to September 10, 2003, the Town 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 Town of Parma's MS4 Permit
that applies if a TMDL is approved in the future by EPA for any water
body or watershed into which the Town discharges: Under this condition,
the Town of Parma must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If the Town is
not meeting the TMDL stormwater allocations, the Town 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 permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342 (b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
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 (i.e., ditches), reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person 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.
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
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. 303(d) listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not
expected to improve within the next two years.
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.
Town of Parma.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Surface watercourse and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
Waters of the United States as defined at 40 CFR 122.2.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Town of Parma. The ordinance
shall also apply to stormwater entering the sanitary sewers.
The Town shall administer, implement and enforce
the provisions of this article. Any powers granted or duties imposed
upon the Town may be delegated in writing by the Supervisor, with
the approval of the Town Board to persons or entities acting in the
beneficial interest of or in the employ of the Town.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend or imply that compliance by any person will ensure
that there will not be contamination, pollution, or unauthorized discharge
of pollutants.
A.
The Town, its employee(s) and/or designated representative(s)
bearing proper credentials and identification shall be permitted to
enter all properties for the purposes of inspection, records examination
and copying, observation, measurements, sampling, and testing pertinent
to discharge or potential to discharge, and for repair and maintenance
to the municipal separate storm sewer system.
B.
Information collection.
(1)
Information and data on a nondomestic source obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction, unless the nondomestic
source specifically requests and is able to demonstrate to the satisfaction
of the Town that the release of such information would divulge information,
processes or methods of production entitled to protection as confidential
information according to the criteria set forth in 40 CFR 2.208 and
2.302, as may be amended from time to time.
(2)
When requested by the person furnishing a report,
the portions of a report which might disclose confidential information
shall not be made available for inspection by the public. Stormwater
constituents and characteristics will not be recognized as confidential
information.
(3)
Information accepted by the Town as confidential shall
be made available upon request to any agency meeting the requirements
of Section 308 of the Clean Water Act, including officers, employees
or authorized representatives of the United States concerned with
carrying out the Clean Water Act, bound by the confidentiality rules
in 40 CFR, Part 2, as may be amended from time to time.
C.
While performing the necessary work on private properties referred to in § 128-39A, the Town shall observe all safety rules applicable to the premises established by the person, and the person shall be held harmless for injury or death to the authorized representative(s), and the Town shall indemnify the person against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the person by Town employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the person to maintain safe conditions.
D.
Unreasonable delays in allowing the Town access to
the premises or other interference with the activities of the Town
shall be a violation of this article. Access to property and/or records
of a nondomestic source may not be refused on the basis that the Town
of Parma refuses to sign any waiver, access agreement, or similar
document.
E.
If the Town has been refused access to a building,
structure or property or any part thereof, and if the Town has demonstrated
probable cause to believe that there may be a violation of this article
or that there is a need to inspect as part of a routine inspection
program of the Town to verify compliance with this article or any
permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the Town will make
an application to a court of competent jurisdiction for a search and/or
seizure warrant describing therein the specific location subject to
the warrant. The warrant application shall specify what, if anything,
may be searched and/or seized on the property described. If granted
by the court, such warrant shall be served at reasonable hours by
the Town in the company of a uniformed officer of the law enforcement
agency with jurisdiction over the property. In the event of an emergency
affecting public health and safety, inspections may be made without
the issuance of a warrant.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 128-35, improper management of animal waste or any other activity that causes or contributes to violations of the Town of Parma's municipal separate storm sewer system (MS4) SPDES permit authorization.
(2)
Upon notification to a person that they are engaged
in activities that cause or contribute to violations of the Town's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that it no longer causes or
contributes to violations of the Town's MS4 SPDES permit authorization.
B.
Prohibition exceptions. The commencement, conduct
or continuance of any illegal discharge to the storm drain system
is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated and non-sediment laden 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. Regardless of exemption, best management practices
should be implemented to reduce impacts from the above activities.
(2)
Discharges specified in writing by the Town as being
necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires
a verbal notification to the Town prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under SPDES permit, waiver or waste discharge
order issued to the discharger and administered under the authority
of the New York State Department of Environmental Conservation, 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 by the Town.
C.
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
article if the person connects a pipe or line conveying sewage to
the municipal separate storm sewer system (MS4) or allows such a connection
to continue.
D.
Waste disposal prohibitions. No person shall throw,
deposit, leave, maintain, keep, or permit to be thrown, deposited,
left, or maintained, in or upon any public or private property, driveway,
parking area, street, alley, sidewalk, component of the storm drainage
system, or water of the United States, any refuse, rubbish, yard/lawn
waste, garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that the same may cause or contribute to pollution.
Wastes deposited along streets in proper waste receptacles for the
purposes of collection are exempted from this prohibition.
E.
Prohibition against failing private sewage disposal
systems. No person shall construct or maintain any cesspool, sewage
disposal system, pipe or drain so as to expose or discharge the sewage
contents or other deleterious liquids or matter therefrom to the atmosphere
or on the ground surface or into any storm sewer or drain or as to
endanger any watercourse or body of water unless a permit for such
discharge shall have been issued by the Monroe County Department of
Public Health or by the State Department of Health or the State Department
of Environmental Conservation, and such discharge shall be made in
accordance with the requirements thereof. Owners or operators of private
sewage disposal systems shall operate, maintain and inspect such systems
in accordance with the Monroe County Sanitary Code.
F.
Prohibition of stormwater discharge to sanitary sewer.
Stormwater shall not be discharged into the sanitary sewer without
written permission to do so from the Town of Parma.
A.
Suspension due to illicit discharges in emergency
situations. The Town may, without prior notice, suspend discharge
access into the MS4 to a person when such a 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; to the storm drainage system including but
not limited to pipes, manholes, outfall structures and storm laterals;
or the waters of the United States. If the violator fails to comply
with a suspension order, the Town 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.
Any person discharging to the MS4 in violation of this article may
have his or her MS4 access suspended or terminated if such action
would abate or reduce an illicit discharge. The Town will notify a
violator of the proposed suspension or termination of its MS4 access.
The violator may petition the Town to reconsider the suspension or
termination of MS4 access by requesting a hearing.
C.
It shall be unlawful for any person to reinstate MS4
access to premises suspended or terminated pursuant to this section
without the prior approval of the Town of Parma.
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 discharge or as a condition
of a subdivision map, site plan, building permit, or development or
improvement plan; upon inspection of the facility; during any enforcement
proceeding or action; or for any other reasonable cause.
A.
Applicability. This section applies to all facilities
that the Town must inspect to enforce any provision of this article,
or whenever the Town has cause to believe that there exists, or potentially
exists, in or upon any premises any condition that constitutes a violation
of this article.
B.
Access to facilities.
(1)
The Town shall be permitted to enter and inspect,
at any time, facilities subject to regulation under this article as
often as may be necessary to determine compliance with this article.
If a discharger has security measures in force that require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Town.
(2)
Facility operators shall allow the Town ready access
to all parts of the premises for the purpose of inspection, sampling
and examination of the private storm drainage system. Persons or facility
operators must supply copies, if requested by the Town, of all records
kept under the conditions of the SPDES stormwater discharge permit.
Persons or facility operators must also identify the performance of
any additional duties as defined by state and federal law.
(3)
The Town shall have the right to place or position
on any permitted facility such devices as are necessary in the opinion
of the Town to conduct monitoring and/or sampling of the facility's
discharge to the storm sewer system.
(4)
The Town 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 his or her own
expense. All devices used to measure stormwater flow and quality shall
be calibrated as necessary and recommended by the manufacturer to
ensure their accuracy.
(5)
Any temporary or permanent obstruction to the facility
that allows for unsafe access or difficulty in monitoring, inspecting
or sampling of the storm drainage system shall be promptly removed
by the discharger at the written or verbal request of the Town and
shall not be replaced. All costs associated with clearing such access
restrictions shall be borne by the discharger in full.
(6)
Unreasonable delays, as determined by the Town, in
allowing the Town access to a facility, which is permitted under the
New York State Department of Environmental Conservation SPDES Program,
for the purposes of conducting any activity authorized or required
by the permit is considered a violation of said program and of this
article.
(7)
If the Town has been refused access to any part of
the premises from which a discharge or conveyance to the storm sewer
system exists, and the Town is able to demonstrate probable cause
to believe that there may be a violation of this article, or that
there is a need to further inspect and/or sample the private stormwater
system to verify compliance with this article or any order issued
hereunder, or to protect the overall public health, safety and welfare
of the community, then the Town may seek issuance of a search warrant
from any court of competent jurisdiction.
A.
Best management practices. The Town will adopt requirements
identifying best management practices (BMPs) for any activity, operation
or facility that may cause or contribute to pollution or contamination
of stormwater, the storm drain system or waters of the United States.
The owner or operator of a commercial or industrial establishment
shall provide, at his or her 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
structural and nonstructural BMPs. Further, any person responsible
for a property or premises, which is, or may be, the source of an
illicit 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 storm drainage system.
Compliance with all terms and conditions of a valid SPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the maximum extent practicable, shall be deemed compliant with the
provisions of this section. Appropriately designed structural/nonstructural
BMPs shall be included as part of a stormwater pollution prevention
plan (SWPPP) as necessary for compliance with requirements of the
SPDES permit.
B.
Private sewage disposal systems. Where private sewage disposal systems are contributing discharge to the Town being subject to the special conditions as defined in § 128-35 of this article, the owner or operator of such private sewage disposal system shall be required to maintain and operate the system as follows:
A.
No person shall alter a stormwater practice on private
or publicly owned land such that it alters the stormwater practice
from its intended use.
B.
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 in a manner which prevents
illicit discharges, and keeps the watercourse free of trash, debris,
yard/lawn waste, 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 the illegal discharges of pollutants into stormwater,
the public or private storm drain system or waters of the United States,
said person shall take all necessary steps to ensure the discovery,
containment and cleanup of any such release. In the event a release
of hazardous materials occurs, said person shall immediately notify
the NYSDEC Region 8 Spill Response Team and/or call the NYS Spill
Hotline within the time frame established by law as well as notification
to the Town of the occurrence. In the event of a release of nonhazardous
materials, said person shall notify the Town 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 Town, postmarked within three business days of the
date of the in person or phone 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 five years.
A.
Whenever the Town finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
Town may order compliance by written notice of violation to the responsible
person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses and reporting.
(2)
The elimination of illicit connection or discharges.
(3)
That violating discharges, practices or operations
shall cease and desist.
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property.
(5)
Payment of a fine to cover administrative and remediation
costs.
(6)
The implementation of source control or treatment
BMPs.
B.
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 the Town and/or its designated agent or contractor, designated
governmental agency, or a contractor, and the expense thereof shall
be charged to the violator.
In addition to or as an alternative to any penalty
provided herein or by law, any violation of this article is punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both for conviction of a first offense; a second violation
of this article committed within a period of five years is punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 30 days, or both; and a third or subsequent
violation of this article within a period of five years is punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 30 days, or both. Each day's continued
violation shall constitute a separate additional violation.
If the violation has not been corrected pursuant
to the requirements set forth in the notice of violation, the Town,
its representatives and/or employees may enter upon the subject private
property with the consent of the owner or with a valid search and/or
seizure warrant, and are authorized to take any and all measures necessary
to abate the violation and/or restore the property.
Within 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protection claim 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. Any person violating any
of the provision of this article shall become liable to the Town by
reason of such violation.
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 Town 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.
In lieu of enforcement proceedings, penalties
and remedies authorized by this article, the Town may impose alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
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.
A.
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. Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law, and upon conviction, shall be guilty of a violation and subject to a penalty as set forth in § 128-48 of this article.
B.
The Town may recover all attorney fees, court costs
and other expenses associated with enforcement of this article, including
sampling and monitoring expenses.
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 Town of
Parma to seek cumulative remedies.
Wherever any local law, ordinance or regulation
of the Town of Parma, County of Monroe, State of New York or United
States of America is inconsistent with this article, whichever local
law, ordinance, or regulation is more stringent shall supersede the
less stringent local law, ordinance, or regulation.
