[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett
Neck 4-9-2007 by L.L. No. 2-2007. Amendments
noted where applicable.]
A.
It is the intent of this chapter to prohibit illicit
discharges, activities, and connections to the Village separate storm sewer
system (Municipal Separate Storm Sewer System or MS4) that will satisfy the
relevant part of the Phase II stormwater management requirements of the National
Pollutant Discharge Elimination System regulations, administered by New York
State through the State Pollutant Discharge Elimination System (SPDES) regulations
and to provide for the health, safety, and general welfare of the citizens
of the Village through the regulation of nonstormwater discharges to the 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 MS4s.
B.
The objectives of this chapter are:
(1)
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, as amended or revised;
(2)
To regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process, or discharge nonstormwater
wastes;
(3)
To prohibit illicit connections, activities, and discharges
to the MS4;
(4)
To establish legal authority to carry out all inspection,
surveillance, and monitoring procedures necessary to ensure compliance with
this chapter; and
(5)
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.
A.
For the purposes of this chapter, certain terms and words
are hereby defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include the singular;
the word "shall" is mandatory.
B.
As used in this chapter, the following terms shall have
the meanings indicated:
- BEST MANAGEMENT PRACTICES (BMPs)
- 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.
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- An activity requiring authorization under the SPDES General Permit for Construction Activities, Permit No. GP-02-01, as amended or revised. These activities 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.
- DEC
- The New York State Department of Environmental Conservation.
- EPA
- United States Environmental Protection Agency.
- HAZARDOUS MATERIALS
- 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.
- ILLICIT CONNECTIONS
- Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:
- (1) 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
- (2) 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.
- ILLICIT DISCHARGE
- Any direct or indirect nonstormwater discharge to the MS4, except as exempted in this chapter.
- INDUSTRIAL ACTIVITY
- An activity requiring a SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
- MUNICIPALITY
- The Incorporated Village of Hewlett Neck.
- NONSTORMWATER DISCHARGE
- Any discharge to the MS4 that is not composed entirely of stormwater.
- PERSON
- 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.
- POLLUTANT
- 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, industrial, municipal, or agricultural waste or ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of pertinent standards promulgated by the federal government, the state, the Village, or any other municipality or department thereof having legal jurisdiction to impose such standards.
- PREMISES
- Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- SPDES
- State Pollutant Discharge Elimination System.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
- A DEC SPDES permit issued to developers of construction activities to regulate disturbance of one or more acres of land.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
- A DEC SPDES permit 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.
- SPDES STORMWATER DISCHARGE PERMIT
- A permit issued by the DEC that authorizes the discharge of pollutants to waters of the state.
- (1) Discharge compliance with water quality standards. A condition that applies when the Village 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 Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
- (2) 303(d) listed waters. A condition in the Village's MS4 permit that applies when 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.
- (3) Total maximum daily load strategy. A condition in the Village's MS4 permit where a total maximum daily load ("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, 2003, the Village was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
- (4) A condition in the Village'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 such condition, the Village 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 Village 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.
- STATE
- The State of New York.
- STORMWATER
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER MANAGEMENT OFFICER (SMO)
- The Building Inspector, or his designee, as the designated officer of the Village to enforce this chapter.
- 303(D) LIST
- 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; it is prepared periodically by the DEC 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 two years.
- TOTAL MAXIMUM DAILY LOAD (TMDL)
- The maximum amount of a pollutant allowed to be released into a water body, so as not to impair uses of the water, allocated among the sources of that pollutant.
- WASTEWATER
- Water that is not stormwater, is contaminated with pollutants, and is or will be discarded.
This chapter shall apply to all water entering the MS4 generated on
any developed or undeveloped lands, unless explicitly exempted by an authorized
enforcement agency.
The SMO shall administer, implement, and enforce the provisions of this
chapter.
A.
Prohibition of illicit discharges. No person shall discharge
or cause to be discharged into the MS4 any materials other than stormwater.
The commencement, conduct, or continuance of any illegal discharge to the
MS4 is prohibited, except as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless the DEC or the Village has determined
them to be substantial contributors of pollutants: water line flushing or
other potable water sources, landscape irrigation, lawn watering, existing
diverted stream flows, rising ground water, uncontaminated ground water infiltration
to storm drains, uncontaminated pumped ground water, foundation or footing
drains, crawl space or basement sump pumps, air conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such approval
shall not be construed to constitute compliance with other applicable laws
and requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may deem
appropriate to protect such life and property while reasonably maintaining
the purpose and intent of this chapter.
(3)
Dye testing in compliance with applicable state and Village
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 a SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the DEC, 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 DEC 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 chapter
if the person connects a line conveying sewage to the Village's MS4,
or allows such a connection to continue.
The following activities are prohibited:
C.
Upon notification to a person that such person is engaged
in activities that cause or contribute to violations of the Village's
MS4 SPDES permit authorization, such person shall immediately commence and
continue thereafter with all due diligence all reasonable actions to correct
such activities such that such person no longer causes or contributes to violations
of the Village's MS4 SPDES permit authorization.
A.
Best management practices. Where the SMO has identified
illicit discharges or activities contaminating stormwater, the Village may
require implementation of BMPs to control those illicit discharges and activities.
(1)
The owner or operator of a residential, 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 or an activity contaminating
stormwater, may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s)
to the MS4.
(3)
Compliance with all terms and conditions of a valid SPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions
of this section.
A.
Suspension of access to MS4. 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 and of the
reasons for the suspension in writing within a reasonable time thereafter.
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 Village's MS4 in violation of this chapter
may have its 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 reconsideration and a hearing. Access may be granted by the SMO
if the SMO finds that the illicit discharge has ceased and the discharger
has taken steps to prevent its recurrence. Access may be denied by the SMO
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 a premises terminated pursuant to this subsection 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 SMO
prior to the allowance of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this chapter and wherever
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 chapter.
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 chapter. If a discharger has security measures in force
which require proper identification and clearance prior to 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 copying of records as may be required by the SMO to implement this chapter.
(3)
The Village shall have the right to install, at 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 Village has the right to require the facilities subject
to this chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter.
(5)
At all times, the facility's sampling and monitoring
equipment shall be maintained by the discharger in a safe and proper operating
condition at the discharger's own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
(6)
Unreasonable delay in allowing the Village access to
a facility subject to this chapter is a violation of this chapter. A person
who is the operator of a facility subject to this chapter commits an offense
if the person denies the Village reasonable access to the facility for the
purpose of conducting any activity authorized or required by this chapter.
(7)
If the SMO has been refused access to any part of the
premises from which stormwater is discharged, and the SMO 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, then the SMO may seek issuance of a search warrant
from the Village Court, or, at the SMO's option, any other court of competent
jurisdiction.
A.
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.
B.
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.
C.
In the event of a release of nonhazardious materials,
said person shall notify the Village in person or by telephone or facsimile
no later than the next business day.
D.
Notifications in person or by telephone shall be confirmed
by written notice addressed and mailed to the Village within three business
days of the in-person or telephone notice.
E.
If the discharge of prohibited materials emanates from
a commercial or industrial establishment, in addition to compliance with the
provisions above, 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 and
shall be made available to the SMO.
A.
Notice of violation. When the SMO, his designee, or other
designee of the Board of Trustees determines that a person has violated a
prohibition or failed to meet a requirement of this chapter, the SMO or such
designee may order compliance by written notice of violation to the responsible
person. Such notice may require, without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall
cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine;
(6)
The implementation of source control or treatment BMPs;
and
(7)
If abatement of a violation and/or restoration of affected
property is/are 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 Village may perform the remediation or restoration and the cost
thereof shall become a lien upon the land until paid, and if not paid prior
thereto, may be added to the next year's real estate taxes, collected
in the same manner and with the annual Village real estate taxes.
B.
Violations. Any 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.
C.
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this chapter 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. Violations of this chapter shall be deemed misdemeanors.
Each week's continued violation shall constitute a separate additional
violation, provided a separate accusatory instrument is served.
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 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.
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.
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.