Department of State
Village of Endicott, New York
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:
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.
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:
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.
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):
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.
2.19 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.
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.
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.
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.
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.
Prohibition of Illicit
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
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
Activities that are subject to the requirements of this section are
those types of activities that:
activities include failing individual sewage treatment systems as
defined in Section
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
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
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
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.
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.
Access to Facilities.
SECTION 16. VIOLATIONS 1JEEMEI) A PUBLIC NUISANCE.
Flood Zone Information
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