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New York Department of State
41 State Street
Albany, New York 12231


Local Law Filing

Village of Endicott, New York
Local Law No. 04 of the year 2007

A Local law:  Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System

Be it enacted by the Village Board of Trustees of the Village of Endicott as follows:


SECTION 1.  PURPOSE/INTENT.

The purpose of this law is to provide for the health, safety, and general welfare of the citizens of the Village of Endicott through the regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This law establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this law are:

1.1  To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit no. GP-02-02 or as amended or revised;

1.2  To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes;

1.3  To prohibit Illicit Connections, Activities and Discharges to the MS4;

1.4  To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this law; and

1.5  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.

SECTION 2.  DEFINITIONS.

Whenever used in this law, unless a different meaning is stated in a definition applicable to only a portion of this law, the following terms will have meanings set forth below:

               Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good house keeping 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 stonnwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoft spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

2.2        Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 ct seq.), and             any subsequent amendments thereto.

2.3        Construction Activity. Activities requiring authorization under the SPD1iS permit for stormwater discharges from construction activity, GP-02-O1, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demo I iti on.

2.4        Department. The New York State Department of Environmental Conservation.

2.5        Design professional. New York State licensed professional engineer or licensed architect.

2.6  Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics niay 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.

2.7        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 non-stormwater 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.

2.8        Illicit Discharge. Any direct or indirect non-stormwater discharge to the MS4, except as exempted in Section 6 of this law.

2.9        Individual Sewage Treatment System. 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.

2.10    Industrial Activity. Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.

2.11    MS4. Municipal Separate Storm Sewer System.

2.12    Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditehcs, man-made channcls, or storm drains):
1. Owned or operated by the Village of Endicott.
2. Designed or used for collecting or conveying stonnwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as deflned at 4OCFR
122.2

2.13    Municipality. The Village of Endicott.

2.14    Non-Stormwater Discharge. Any discharge to the MS4 that is not composed entirely of stormwater.

2.15    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.

2.16    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 and industrial, municipal, agricultural waste and ballast discharged into watcr; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.

2.17    Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

2.18    Special Conditions.
1. Discharge Compliance with Water Quality Standards. The condition that applies where a municipality has been notified that the discharge olstormwater authorized under their M54 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
2. 303(d) Listed Waters. The condition in the municipality’s MS4 penriit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwatcr management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
3. Total Maximum Daily Load (TMDL) Strategy. The condition in the municipality’s MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterhody or watershed into which the M54 discharges. If the discharge from the M54 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stonnwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
4. The condition in the municipality’s M54 permit that applies if a TMDL is approved in the future by EPA for any waterbody or watershed into which an MS4 discharges. Under this condition the municipality must review the applicable T’MDL to see if it includes requirements for control of stonriwater discharges. If an M54 is not meeting the TMDL stormwater allocations, the municipality must, within six (6) 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.

2.19    State Pollutant Discharge Elimination System (SPDES) Stormwater Discharge Permit. A permit issued by the Department that authorizes the discharge of pollutants to waters of the State.

2.20    Stormwater. Rainwater, surface runoff, snowmelt and drainage.

2.21    Stormwater Management Officer (SMO). An employee, the municipal engineer or other public official(s) designated by the Village of Endicott to enforce this local law. The SMO may also be designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

2.22    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, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 3 03(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.

2.23    TMDL. Total Maximum Daily Load.

2.24    Total Maximum Daily Load. The ma4xirnum 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.

2.25    Wastewater. Water that is not stormwater, is contaminated with pollutants and is or will he discarded.


SECTION 3.   APPLICABILITY.

This law shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.


SECTION 4. RESPONSIBILITY FOR ADMINISTRATION.

The Stormwater Management Officer(s) (SMO(s)) shall administer, implement, and enforce the provisions of this law. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO as may be authorized by the municipality.


SECTION 5. SEVERABILITY.

The provisions of this law are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this law or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this law.


SECTION 6. DISCHARGE PROHIBITIONS.

6.1   Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged               into the MS4 any materials other than stormwater except as provided in Section 6.        1.1. The commencement, conduct or continuance of any illegal discharge to the MS4      is prohibited except as described as follows:

6.1.1                    The following discharges are exempt from discharge prohibitions established by this local law, unless the Department or the municipality has detemiined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or 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.

6.1.2                    Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this local law.

6.1.3                    Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test.

6.1.4                    The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.

6.2      Prohibition of Illicit Connections.

6.2.1        The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.

6.2.2        This prohibition expressly includes, wilhout 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.

6.2.3        A person is considered to be in violation of this local law if the person connects a line conveying sewage to the municipality’s MS4, or allows such a connection to continue.

 

SECTION 7.  PROHIBITION AGAINST FAILING INDIVIDUAL SEWAGE TREATMENT SYSTEMS


No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality’s MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:

7.1         The backup of sewage into a structure.

7.2         Discharges of treated or untreated sewage onto the ground surface.

7.3         A connection or cormections to a separate stormwater sewer system.

7.4         Liquid level in the septic tank above the outlet invert.

7.5         Structural fhilure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.

7.6         Contamination of off-site groundwater.

 

SECTION 8. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORM WATER

8.1  Activities that are subject to the requirements of this section are those types of activities that:
8.1.1  Cause or contribute to a violation of the municipality’s MS4 SPDLS permit.
8.1.2 Cause or contribute to the municipality being subject to the Special Conditions as defined in Section 2 (Definitions) of this local law.

8.2  Such activities include failing individual sewage treatment systems as defined in Section
7. improper management of pet waste or any other activity that causes or contributes to violations of the municipality’s MS4 SPDES permit authorization.

8.3  Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality’s M54 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality’s MS4 SPDES permit authorization.

SECTION 9. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.

Best Management Practices: Where the SMO has identified illicit discharges as defined in Section 2 or activities contaminating stormwater as defined in Section 8 the municipality may require implementation of Best Management Practices (BMPs) to control those illicit discharges and activities.

9.1.1.      The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs.

9.1.2.      Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in Section 2 or an activity contaminating stormwater as defined in Section 8, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.

9.1.3.      Compliance with all tenns and conditions of a valid SPDES pennit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

9.2          Individual Sewage Treatment Systems - Response to Special Conditions Requiring No Increase of Pollutants or Requiring a Reduction of  Pollutants where individual sewage treatment systems are contributing to the municipality’s being subject to the Special Conditions as defined in Section 2 of this local law, the owner or operator of such individual sewage treatment systems shall be required to:

      9.2.1 Maintain and operate individual sewage treatment systems as follows:
                              1. Inspect the septic tank annually to determine scum and sludge accumulation.                              Septic tanks must be pumped out whenever the bottom of the scum layer is                                       within three inches of the bottom of the outlet baffle or sanitary tee or the top                                of the sludge is within ten inches of the bottom of the outlet baffle or                                             sanitary tee.
                              2. Avoid the use of septic tank additives.                                                                                                                                                                   3. Avoid the disposal of excessive quantities of detergents. kitchen wastes,                               laundry wastes, and household chemicals; and
                              4. Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins.                                   trash and other such items

 

 

Most tanks should be pumped out every two to three years. However, pumping may be more or less frequent depending on use. inspection of the tank for cracks, leaks and blockages should be done by the septage hauler at the time of pumping of the tank contents.

      9.2.2 Repair or replace individual sewage treatment systems as follows:
                  1. in accordance with iONYCRR Appendix 75A to the maximum extent practicable.
                  2. A design professional licensed to practice in New York State shall prepare
                  design plans for any type of absorption field that involves:
                              1. Relocating or extending an absorption area to a location not previously
                              approved for such.
                              2. Installation of a new subsurface treatment system at the same location.
                              3. Use of alternate system or innovative system design or technology.
                  3. A written certificate of compliance shall be submitted by the design professional to                      the municipality at the completion of construction of the repair or replacement system.


SECTION 10.  SUSPENSION OF ACCESS TO MS4.  Illicit Discharges in Emergency Situations.

 
      10.1     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 noti& the person of such suspension                  within a reasonable time thereafter in writing of the reasons for the suspension. If the                violator fails to comply with a suspension order issued in an emergency, the SMO may                     take such steps as deemed necessary to prevent or minimize damage to the MS4 or to                     minimize danger to persons.

10.2         Suspension due to the detection of illicit discharge. Any person discharging to the municipality’s M54 in violation of this law may have their M54 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 M54 access and the reasons therefore. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the SMO.


SECTION 11. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.

Any person subject to an industrial or construction activity SPDES stomiwater 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 municipality prior to the allowing of discharges to the MS4.

 

SECTION 12. ACCESS AND MONITORING OF DISCHARGES.

            12.1     Applicability. This section applies to all facilities that the SMO must inspect to enforce                     any provision of this Law, or whenever the authorized enforcement agency has cause to                         believe that there exists, or potentially exists, in or upon any premises any condition                 which constitutes a violation of this Law.

            12.2     Access to Facilities.
                        12.2.1 The SMO shall be permitted to enter and inspect facilities subject to regulation                       under this law as often as may be necessary to determine compliance with this Law. If                     a discharger has security measures in force which require proper identification and                       clearance before entry into its premises, the discharger shall make the necessary                               arrangements to allow access to the SMO.
                        12.2.2 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 to implement this law.
                        12.2.3 The municipality shall have the right to set up on any facility subject to this law                     such devices as are necessary in the opinion of the SMO to conduct monitoring and/or                     sampling of the facility’s stormwater discharge.
                        12.2.4 The municipality has the right to require the facilities subject to this law to                  install monitoring equipment as is reasonably necessary to determine compliance with                    this law. 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.
                        12.2.5 Unreasonable delays in allowing the municipality access to a facility subject to                      this law is a violation of this law. A person who is the operator of a facility subject to                  this law commits an offense if the person denies the municipality reasonable access to                 the facility for the purpose of conducting any activity authorized or required by this                   law.
                        12.2.6 If the SMO has been refused access to any part of the premises from which               stormwater is discharged. and he/she is able to demonstrate probable cause to believe                 that there may be a violation of this law, or that there is a need to inspect andlor sample                      as part of a routine inspection and sampling prograni designed to verify compliance                       with this law or any order issued hereunder, then the 5MG may seek issuance of a                    search warrant from any court of competent jurisdiction.


SECTION 13. NOTIFICATION OF SPILLS.
                       
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                    all take all necessary steps to ensuie 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 non-hazardous materials, said person shall                       notify the municipality in person or by telephone or facsimile no later than the next                  business day. Notifications in person or by telephone shall be confirmed by written              notice addressed and mailed to the municipality within three business days of the                                     telephone notice. If the discharge of prohibited materials emanates from a commercial                     or industrial establishment, the owner or operator of such establishment shall also                 retain an on-site written record of the discharge and the actions taken to prevent its                 recurrence. Such records shall be retained for at least three years.


SECTION 14. ENFORCEMENT. :

14.1 Notice of Violation.
            When the municipality’s SMO finds that a person has violated a prohibition or failed to meet a         requirement of this law, he/she may order compliance by written notice of violation to the           responsible person. Such notice may require without limitation:
            14.1.1 The elimination of illicit connections or discharges;
            14.1.2 That violathig discharges, practices, or operations shall cease and desist;
            14.1.3 The abatement or remediation of stormwater pollution or contamination hazards and the        restoration of any affected property;
            14.1.4 The performance of monitoring, analyses, and reporting;
            14.1.5 Payment of a fine; and
            14.1,6 The implementation of source control or treatment BMPs. Ifabatementofa violation and         or restoration of affected property is required, the notice shall set forth a deadline within which            such remediation or restoration must be completed. Said notice shall further advise that, should    the violator fail to remediate or restore within the established deadline, the work will be done            by a designated governmental agency or a contractor and the expense thereof shall be charged   to the violator.
14.2 Penalties
            In addition to or as an alternative to any penalty provided herein or by law, any person who             violates the provisions of this local law shall be guilty of a violation punishable by a fine not      exceeding three hundred fifty dollars ($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 three        hundred fifty dollars nor more than seven hundred dollars ($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 seven      hundred dollars nor more than one thousand dollars ($1000) or imprisonment for a period not to             exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts          and judicial officers generally, violations of this local law shall be deemed misdemeanors and      for such purpose only all provisions of law relating to misdemeanors shall apply to such             violations. Each week’s continued violation shall constitute a separate additional violation.


SECTION 15. APPEAL OF NOTICE OF VIOLATION.
           
Any person receiving a Notice of Violation may appeal the determination of the SMO to the            (City Council!!’ own Board/Village Board of Trustees) within 15 days of its issuance, which         shall hear the appeal within 30 days after the filing of the appeal, and within five days of             making its decision, file its decision in the office of the municipal clerk and mail a copy of its   decision by certified mail to the discharger.

SECTION 16. VIOLATIONS 1JEEMEI) 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 law is a threat to public health,        safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or             restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the             cessation of such nuisance may be taken.


SECTION 20. REMEDIES NOT EXCLUSIVE.
           
The remedies listed in this law arc 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.

 


SECTION 21. ADOPTION OF LAW.
           
This law shall be in full force and effect immediately after its final passage and adoption. All           prior laws hod parts of law in conflict with this law are hereby repealed.
            Passed and Adopted this 10th day of December, 2007,
            I hereby certify that the local law annexed hereto, designated as local law 04 of 2007 of the             Village of Endicott was duly passed by the Board of Trustees on 12/10/07 in accordance with the applicable provisions of law. I further certify that I have compared the proceeding local law             with the original on file in this office and that the same is a correct transcript there from and the             whole of such original local law, and was finally adopted in the manner indicated above.

 


Village Attorney, Village of Endicott
Date:

                                                                                                                                                            


Flood Zone Information

Forms and Publications:

Sidewalk Petition
Excavation Permit
Claim Form
 
  For more info call:

Kent Rapp
Phone: (607) 757-2425