HomeMy WebLinkAboutLL #10 2024 STATE OF NEW YORK
DEPARTMENT of STATE
KATHY HOCHUL
ONE COMiVERCE PLAZA
GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 WALTER T. MOSLEY
KrTPS://DOS.NY.GOV SECRETARY OF STATE
RECEIVED
July 1, 2024
JUL - 5 '2024
Denis Noncarrow Southold Town Clerk
Town Hall, 53095 Main Road
PO Box 1179 _
Southold, NY 11971
RE: Town of Southold, Local Law 9, 10, 11, 12 & 13 2024, filed on
6/26/2024
Dear Sir/Madam:
The above referenced material was filed by'this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
Yo K Department
STATE of State
CHAPTER 235
Storm Sewer Systems
1 . SEQRA
2. Southold Town Planning — No Comment
3 . LWRP
4. Suffolk County Planning Dept
Comments
5. Affidavit of Publication - Suffolk Times
6. Legal Notice
7. Affidavit of Posting
88. Resolution
DENIS NONCARROVV ��$ Town Hall,53095 Main Road
TOWN CLERK ® {` `z P.O. Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ; Fax(631)765-6145
MARRIAGE OFFICER `�'
RECORDS MANAGEMENT OFFICER ®� ��® Telephone oldt wnny.go0
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 21, 2024
EI 011 987 718 US
Priority Mail Express
RE: Local Law No 99, 10, 11, 12 and 13 of 2024
Town of Southold, Suffolk County
New York State Department of State
State Records &Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith a certified copy of Local Law#9, 10, 11, 12 and 13 of 2024 of the
Town of Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of this
enclosure in your office. Thank you.
Very truly your ,
Lynda M. Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NYSDEC
NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
2 Town of SOUTHOLD
❑ Village
Local Law No. 10 of the year 2024 .
A Local Law entitled, A Local Law in relation to Storm Sewer Systems; Illicit DischarlZes, Activities and
Connections
Be it enacted the Town Board of the:
❑ County
❑ City
2 Town of SOUTHOLD
❑ Village
I. A new Chapter 235 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges, Activities and
Connections
235-1. PURPOSE/INTENT.
The purpose of this law is to provide for the health, safety, and general welfare of the citizens of the Town of
Southold 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. To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit
no. GP-0-24-001 or 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 non-stormwater 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 law; and
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239-f-I(Rev.04/14)
1
A
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.
235-2. 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 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 - Activities requiring authorization under the SPDES permit for stormwater discharges
from construction activity, GP-0-20-001, 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 demolition.
Department- The New York State Department of Environmental Conservation.
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 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.
Illicit Discharge - Any direct or indirect non-stormwater discharge to the MS4, except as exempted in 235-5A
of this law.
Industrial Activity - Activities requiring the SPDES permit for discharges from industrial activities except
construction, GP-0-23-001, as amended or revised.
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, ditches, man-made channels, or storm drains):
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1. Owned or operated by the Town of Southold;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR 122.2
Municipality- The Town of Southold
Non-Stormwater 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 and industrial, municipal, agricultural waste and ballast discharged into
water; which may cause or might reasonably be expected to cause pollution of the waters of the state in
contravention of the standards.
Premises - Any building, lot,parcel of land, or portion of land whether improved or unimproved including
adjacent sidewalks and parking strips.
Special Conditions
1. Discharge Compliance with Water Quality Standards - The condition that applies where a
municipality has been notified that the discharge of stormwater authorized under their 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 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 permit that applies where 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 (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 waterbody 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 municipality was required to
modify its stormwater management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
4. The-condition in the municipality's MS4 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 TMDL to see if it includes requirements for control of
stormwater discharges. If an MS4 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.
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.
Stormwater-Rainwater, surface runoff, snowmelt and drainage.
Stormwater Management Officer(SMO) - An employee, the municipal engineer or other public official(s)
designated by the Town of Southold 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
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municipal board and inspect stormwater management practices.
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 235- 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.
TMDL - Total Maximum Daily Load.
Total Maximum Daily- The maximum amount of a pollutant to be allowed to be released into a
waterbody 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.
235-3. 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.
235-4. 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.
235-5. DISCHARGE PROHIBITIONS.
A. 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 235-5A. The commencement, conduct or continuance of any illegal discharge to
the MS4 is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this local law,
unless the Department or the municipality has determined 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,
air conditioning condensate, irrigation water, springs, water from individual residential car
washing, natural riparian habitat or wetland flows, residential street wash water and water from
firefighting activities. 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 local
law.
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.
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.
B. Prohibition of Illicit Connections.
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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 local law if the person connects a line conveying
sewage to the municipality's MS4, or allows such a connection to continue.
235-6. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER
A. Activities that are subject to the requirements of this section are those types of activities that:
1. Cause or contribute to a violation of the municipality's MS4 SPDES permit.
2. Cause or contribute to the municipality being subject to the Special Conditions as defined in
§235-2 (Definitions) of this local law.
B. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations
of the municipality's MS4 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.
235-7. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER POLLUTANTS BY
THE USE OF BEST MANAGEMENT PRACTICES.
A. Best Management Practices
Where the SMO has identified illicit discharges as defined in §235-2 or activities contaminating
stormwater as defined in §235-6 the municipality may require implementation of Best Management
Practices (BMPs) to control those illicit discharges and activities.
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.
2. Any person responsible for a property or premise, which is, or may be, the source of an illicit
discharge as defined in §235-2 or an activity contaminating stormwater as defined in §235-6,
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.
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.
235-8. SUSPENSION OF ACCESS TO MS4. Illicit Discharges in Emergency Situations.
A. 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 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.
B. Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in
violation of this law may have their 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 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.
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235- 9. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
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 municipality prior to the allowing of discharges to the MS4.
235- 10. ACCESS AND MONITORING OF DISCHARGES.
A. 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.
B. Access to Facilities.
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.
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.
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.
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.
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.
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 and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this law or any order issued
hereunder, then the SMO may seek issuance of a search warrant from any court of
competent jurisdiction.
235- 11. 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 shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such a release of hazardous materials said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release of 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.
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235- 12. ENFORCEMENT.
A. 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:
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; and
6. The implementation of source control or treatment BMPs. 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 a
designated governmental agency or a contractor and the expense thereof shall be charged to
the violator.
B. 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 One
Thousand dollars ($1,000.00) or imprisonment for a period not to exceed six (6) 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 (5)years, punishable by a fine not less than Two Thousand Five Hundred dollars
($2,500.00) nor more than Seven Thousand Five Hundred dollars ($7,500.00) or imprisonment for a
period not to exceed six (6) months, or both; and upon conviction for a third or subsequent offense all
of which were committed within a period of five (5)years,punishable by a fine not less than Ten
Thousand dollars ($10,000.00) nor more than Twenty Thousand dollars ($20,000.00) or imprisonment
for a period not to exceed six (6) 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.
235-13. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal the determination of the SMO to the Town of Southold
within fifteen (15) days of its issuance, which shall hear the appeal within thirty (30) days after the filing of the
appeal, and within five (5) 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.
235-14. CORRECTIVE MEASURES AFTER APPEAL.
A. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation,
or, in the event of an appeal, within five (5) business days of the decision of the municipal authority
upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the
subject private property to take any and all measures reasonably necessary to abate the violation and/or
restore the property.
B. If refused access to the subject private property, the SMO may seek a warrant in a court of competent
jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek a court order to take any and all
measures reasonably necessary to abate the violation and/or restore the property. The cost of
implementing and maintaining such measures shall be the sole responsibility of the discharger.
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235 15. INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this
law. If a person has violated or continues to violate the provisions of this law, 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.
235-16. ALTERNATIVE REMEDIES.
A. Where a person has violated a provision of this Law, he/she may be eligible for alternative remedies in
lieu of a civil penalty, upon recommendation of the Municipal Attorney and concurrence of the
Municipal Code Enforcement Officer, where:
1. The violation was unintentional
2. The violator has no history of pervious violations of this Law.
3. Environmental damage was minimal.
4. Violator acted quickly to remedy violation.
5. Violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the following:
1. Attendance at compliance workshops
2. Storm drain stenciling or storm drain marking
3. River, stream or creek cleanup activities
235-17. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this 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.
235-18. REMEDIES NOT EXCLUSIVE.
The remedies listed in this law 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.
III. 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.
IV. EFFECTIVE DATE
This law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of
State. All prior laws and parts of law in conflict with this law are hereby repealed.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 10 of 20 24 . of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on June 18 ,20 24, in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-239-f-I(Rev.04/14)
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5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the o 'ginal o file in his office and that the same is a
correct transcript there from and of the whole of such original local 1 , and a final adopted in the manner indicated
in paragraph 1 , above.
Clerk of County legislative body, City, Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: June 20,2024
DOS-239-f-1(Rev.04/14)
10
`,yKSS'rtctr�o.G
x,
RESOLUTION 2024-561
ADOPTED DOC ID: 20369
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-561 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 18, 2024:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 91h day of April, 2024, A Local Law entitled, "A Local Law in
relation to Storm Sewer Systems; Illicit Discharges, Activities and Connections" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the purposed Local
Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges, Activities
and Connections" reads as follows:
LOCAL LAW NO. 10 of 2024
I. A new Chapter 235 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges,
Activities and Connections
235-1. PURPOSE/INTENT.
The purpose of this law is to provide for the health, safety, and general welfare of the citizens of
the Town of Southold 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. To meet the requirements of the SPDES General Permit for Stormwater Discharges from
MS4s, Permit no. GP-0-24-001 or 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 non-stormwater 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 law; 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.
Resolution 2024-561 Board Meeting of June 18, 2024
235-2. 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 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 - Activities requiring authorization under the SPDES permit for
stormwater discharges from construction activity, GP-0-20-001, 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
demolition.
Department- The New York State Department of Environmental Conservation.
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:
l. 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.
Illicit Discharge -Any direct or indirect non-stormwater discharge to the MS4, except as
exempted in 235- 5A of this law.
Industrial Activity -Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-0-23-001, as amended or revised.
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, ditches, man-made
channels, or storm drains):
1. Owned or operated by the Town of Southold;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR
122.2
Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 2
Resolution 2024-561 Board Meeting of June 18, 2024
Municipality - The Town of Southold
Non-Stormwater 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 and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause or might reasonably be
expected to cause pollution of the waters of the state in contravention of the standards.
Premises -Any building, lot,parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Special Conditions
1. Discharge Compliance with Water Quality Standards - The condition that applies
where a municipality has been notified that the discharge of stormwater authorized under
their 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
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 permit that applies
where 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 (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 waterbody 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 municipality was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified in the TMDL is
achieved.
4. The condition in the municipality's MS4 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 TMDL to see if it
includes requirements for control of stormwater discharges. If an MS4 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.
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.
Stormwater-Rainwater, surface runoff, snowmelt and drainage.
Stormwater Management Officer (SMO) - An employee, the municipal engineer or other
public official(s) designated by the Town of Southold 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.
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
Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 3
' Resolution 2024-561 Board Meeting of June 18, 2024
periodically by the Department as required by 235- 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.
TMDL -,Total Maximum Daily Load.
Total Maximum Daily Load - The maximum amount of a pollutant to be allowed to be released
into a waterbody 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.
235-3. 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.
235-4. 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.
235-5. DISCHARGE PROHIBITIONS.
A. 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 235-5A. The commencement, conduct or
continuance of any illegal discharge to the MS4 is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions established by
this local law, unless the Department or the municipality has determined 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, air
conditioning condensate, irrigation water, springs, water from individual
residential car washing,natural riparian habitat or wetland flows, residential street
wash water and water from firefighting activities. 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 local law.
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.
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
Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 4
' Resolution 2024-561 Board Meeting of June 18, 2024
applicable laws and regulations, and provided that written 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 local law if the person connects a
line conveying sewage to the municipality's MS4, or allows such a connection to
continue.
235-6. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER
A. Activities that are subject to the requirements of this section are those types of activities
that:
l. Cause or contribute to a violation of the municipality's MS4 SPDES permit.
2. Cause or contribute to the municipality being subject to the Special Conditions as
defined in §235-2 (Definitions) of this local law.
B. Upon notification to a person that he or she is engaged in activities that cause or
contribute to violations of the municipality's MS4 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.
235-7. REQUIREMENT TO PREVENT, CONTROL,AND REDUCE STORMWATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
A. Best Management Practices
Where the SMO has identified illicit discharges as defined in §235-2 or activities
contaminating stormwater as defined in §235-6 the municipality may require
implementation of Best Management Practices (BMPs)to control those illicit discharges
and activities.
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.
2. Any person responsible for a property or premise, which is, or may be,the source
of an illicit discharge as defined in §235-2 or an activity contaminating
stormwater as defined in §235-6, 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.
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.
235-8. SUSPENSION OF ACCESS TO MS4. Illicit Discharges in Emergency Situations.
A. 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
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Resolution 2024-561 Board Meeting of June 18, 2024
of persons, or to the MS4. The SMO shall notify 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.
B. Suspension due to the detection of illicit discharge. Any person discharging to the
municipality's MS4 in violation of this law may have their 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 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.
235- 9. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
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 municipality prior to the allowing of discharges to the MS4.
235- 10. ACCESS AND MONITORING OF DISCHARGES.
A. 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.
B. Access to Facilities.
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.
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.
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.
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.
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
Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 6
Resolution 2024-561 Board Meeting of June 18, 2024
authorized or required by this law.
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
and/or sample as part of a routine inspection and sampling program designed to
verify compliance with this law or any order issued hereunder, then the SMO may
seek issuance of a search warrant from any court of competent jurisdiction.
235- 11. 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 shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of 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.
235- 12. ENFORCEMENT.
A. 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:
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; and
6. The implementation of source control or treatment BMPs. 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 a designated
governmental agency or a contractor and the expense thereof shall be charged to
the violator.
B. 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 One Thousand dollars ($1,000.00) or imprisonment for a period not to
exceed six (6) 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 (5)years,punishable by a
Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 7
Resolution 2024-561 Board Meeting of June 18, 2024
fine not less than Two Thousand Five Hundred dollars ($2,500.00) nor more than Seven
Thousand Five Hundred dollars ($7,500.00) or imprisonment for a period not to exceed
six (6) months, or both; and upon conviction for a third or subsequent offense all of
which were committed within a period of five (5)years, punishable by a fine not less than
Ten Thousand dollars ($10,000.00) nor more than Twenty Thousand dollars ($20,000.00)
or imprisonment for a period not to exceed six (6) 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.
235-13. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal the determination of the SMO to the
Town of Southold within fifteen (15) days of its issuance, which shall hear the appeal within
thirty (30) days after the filing of the appeal, and within five (5) 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.
235-14. CORRECTIVE MEASURES AFTER APPEAL.
A. If the violation has not been corrected pursuant to the requirements set forth in the Notice
of Violation, or, in the event of an appeal, within five (5)business days of the decision of
the municipal authority upholding the decision of the SMO, then the SMO shall request
the owner's permission for access to the subject private property to take any and all
measures reasonably necessary to abate the violation and/or restore the property.
B. If refused access to the subject private property, the SMO may seek a warrant in a court
of competent jurisdiction to be authorized to enter upon the property to determine
whether a violation has occurred. Upon determination that a violation has occurred, the
SMO may seek a court order to take any and all measures reasonably necessary to abate
the violation and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
23515. INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this law. If a person has violated or continues to violate the provisions of this
law, 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.
235-16: ALTERNATIVE REMEDIES.
A. Where a person has violated a provision of this Law, he/she may be eligible for
alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal
Attorney and concurrence of the Municipal Code Enforcement Officer, where:
1. The violation was unintentional
2. The violator has no history of pervious violations of this Law.
3. Environmental damage was minimal.
4. Violator acted quickly to remedy violation.
Updated: 6/18/2024 1:35 PM by Lynda Rudder Page 8
w
Resolution 2024.-.561 Board Meeting of June 1.8, 2024
5. Violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the following:
l. Attendance at compliance workshops
2. Storm drain stenciling or storm drain marking
3. River, stream or creek cleanup activities
235-17. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this 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.
235-18. REMEDIES NOT EXCLUSIVE.
The remedies listed in this law 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.
III. 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.
IV. EFFECTIVE DATE
This law shall be in full force and effect immediately upon its final adoption and filing with the
Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed.
Denis Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Greg Doroski, Councilman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
Updated: 6/18/2024 l:35 PM by Lynda Rudder Page 9
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex rjF SU(/� P.O.Box 1179
54375 State Route 25 O�� y�l Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) O
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE RECEIVED
TOWN OF SOUTHOLD
JUN 1 T 2024
MEMORANDUM Southold-Town:Clerk
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry,Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation,to Storm Sewer Systems; Illicit
Discharges,Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and,
therefore a Type II action not subject to review.
617.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment;
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®� so P.O. Box 1179
54375 State Route 25 ®�� ��'®� Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtow-nny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Storm Sewer Systems; Illicit
Discharges, Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management"and,
therefore a Type II action not subject to review.
61 7.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment;"
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
r
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®F S0 P.O. Box 1179
54375 State Route 25 ®�� r�®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY AL Telephone: 631 765-1938
www.southoldtow-rmy.gov
UI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Storm Sewer Systems; Illicit
Discharges, Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and,
therefore a Type II action not subject to review.
617.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering ofpriorities that may affect the environment;"
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 ®��®� SOU��®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY � Telephone: 631 765-1938
www.southoldtow-imy.gov
OWN,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Storm Sewer Systems; Illicit
Discharges,Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management"and,
therefore a Type II action not subject to review.
617.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment,-
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex QF $0UT P.O.Box 1179
54375 State Route 25 ®�� ®� Southold, NY 11971
(cor. Main Rd.&Youngs Ave.)
Southold, NY y�g � Telephone: 631 765-1938
www.southoldtownny.gov
Ic�Cou�ll,��'
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Storm Sewer Systems; Illicit
Discharges,Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and,
therefore a Type II action not subject to review.
617.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment;"
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®f S0 P.O. Box 1179
54375 State Route 25 ®�� ��®� Southold,NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY g�q Telephone: 631 765-1938
�s www.southoldtownny.gov
tw
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Storm Sewer Systems; Illicit
Discharges,Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and,
therefore a Type II action not subject to review.
61 7.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment;"
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ZF so P.O. Box 1179
54375 State Route 25 ��� ��®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY �g � Telephone: 631 765-1938
www.southoldtownny.gov
CoU V
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Storm Sewer Systems; Illicit
Discharges,Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management"and,
therefore a Type II action not subject to review.
617.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment;"
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®F s® P.O. Box 1179
54375 State Route 25 ®�� ®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) h
Southold, NY �g � Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, Assistant Director of Planning
Date: June 17, 2024
Re: A Local Law in relation to "A Local Law in Relation to Storm Sewer Systems; Illicit
Discharges, Activities and Connections"
The proposed action has been reviewed by New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that
pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and,
therefore a Type II action not subject to review.
617.5(c)(26) "routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment;"
Please call me with any questions.
Cc; Paul DeChance, Town Attorney
Rudder, Lynda
From: Lanza, Heather
Sent: Friday, June 14, 2024 8:39 AM
To: Rudder, Lynda;Terry, Mark
Cc: Noncarrow, Denis; DeChance, Paul; Michaelis,Jessica
Subject: RE: LWRP Comments
Hello,
I don't believe Planning Board comments are required for amending these three chapters.
Chapter 235 Storm Sewer Systems
Chapter 236 Stormwater Management
Chapter 234 SPDES Stormwater Management
Heather
From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Sent: Friday,June 14, 2024 7:43 AM
To:Terry, Mark<mark.terry@town.southold.ny.us>
Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Lanza, Heather<heather.lanza@town.southold.ny.us>
Subject: RE: LWRP Comments
Yes please provide SEAR and PB comments
From:Terry, Mark<mark.terrv@town.southold.nv.us>
Sent:Thursday,June 13, 2024 3:52 PM
To: Rudder, Lynda <Ivnda.rudder@town.southold.ny.us>
Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Lanza, Heather<heather.lanza@town.southold.ny.us>
Subject: RE: LWRP Comments
Lynda,
Here you go. Do you also need SEQR and PB comments? Frankly, my assessment of these
LLs is to add clarity and better protect the Town.
Best,
Marls Terry, AICP
Assistant Town Planning Director
Local Waterfront Revitalization Coordinator
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold,New York 11971-0959
(631) -765-1938
i
RECEIVE®
JUN 13
Southold Town Clerk
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk
From: Mark Terry, AICP
Assistant Town Planning Director
LWRP Coordinator
Date: June 13, 2024
Re: Local Waterfront Revitalization Coastal Consistency Review"A Local Law in Relation
to Storm Sewer Systems; Illicit Discharges,Activities and Connections"
The"Local Law in Relation to Storm Sewer Systems; Illicit Discharges, Activities and
Connections"was reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy
Standards. Based upon the information provided to this department,the proposed action is
recommended as CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
l
Cc: Paul DeChance, Town Attorney
RECEIVED COUNTY OF SUFFOLK
A P R 16 2024
EDWARD P.ROMAINE
Southold Town Clerk SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING
SARAH LANSDALE
COMMISSIONER
ELISA PICCA
CHIEF DEPUTY COMMISSIONER
April 16,2024
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,NY 11971
Attn: Denis Noncarrow, Town Clerk
Applicant: Town of Southold
Zoning Action: A Local Law in relation to Amendments
To Chapter 235 Storm Sewer Systems; Illicit
Dischargers, Activities and Connections
A Local Law in relation to Amendments
To Chapter 236 Stormwater Management
S.C.P.D. File No.: SD-24-LD
Dear Mr.Noncarrow:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Very truly yours,
By Christine DeSalvo
Theodore R. Klein,Principal Planner
Division of Planning&Environment
TRK/cd
H.LEE DENNISON BLDG In 100 VETERANS MEMORIAL HWY,21d FI■ P.O.BOX 6100 ■HAUPPAUGE,NY 11788-009.9 t(631)853-5191
"r
Mudd, Jennifer
From: Mudd, Jennifer
Sent: Thursday, April 11, 2024 3:57 PM
To: Terry, Mark; Lanza, Heather; Michaelis, Jessica
Subject: FW: Emailing: Referral Form (2024-332).pdf, Referral Form (2024-333).pdf
Attachments: Referral Form (2024-332).pdf, Referral Form (2024-333).pdf
Please see attached for your review.
Thank you,
Jen
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
-----Original Message-----
From: Mudd,Jennifer
Sent:Thursday,April 11, 2024 3:52 PM
To: ILL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vg0oku@u.box.com)
<Plannin.ugpi9cmyw7vg0oku@u.box.com>
Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Born,
Sabrina <sabrina.born@town.southold.ny.us>
Subject: Emailing: Referral Form (2024-332).pdf, Referral Form (2024-333).pdf
Good Afternoon,
Please see attached.
Thank you,
Jen
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
1
Your message is ready to be sent with the following file or link attachments:
Referral Form (2024-332).pdf
Referral Form (2024-333).pdf
Note:To protect against computer viruses,'e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.
2
Appendix A - County Referral Form
Appendix A—Suffolk County Planning Commission Guidebook
Municipality:,Town of Southold
Hamlet; Local Case Number: 2024-332
District: Section: Block: Lot: Local Meeting Date: .04/09/2024
Application/Action Name: Ch.235 Storm Sewer Systems Public Hearing: ® Yes ❑ No
jteferrinst Aaoiiey: yno of ftef6iral: SE-Q' Actiiih;
❑Planning Board or Commission IN New ❑EAF ❑Draft EIS ❑Positive Declaration
❑Zoning Board of Appeals ❑Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration
®Town Board/Village Board of ❑Modification ❑Draft Scope ❑Findings
Trustees
Brief description of application or proposed action: Chapter 235 Storm Sewer Systems;Illicit_Discharges,Activities and
Connections.
Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone,within one
mile of a nuclear power plant or airport or within 500 feet of.,
• A municipal boundary;
• The boundary of any existing or proposed county,state,or federal park or other recreation area;
• The right-of-way of any existing or proposed county or state road;
• An existing or proposed county drainage channel line;
• The Atlantic Ocean,Long Island Sound,any bay In Suffolk County or estuary of any of the foregoing bodies of water,
• The boundary of county,state,or federally owned land held or to be held for governmental use;
The boundary of a farm located in an agricultural district.
❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision
❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance
0 Code Amendment ❑Area Variance
❑Official Map ❑Special Use Permit/Exception/Conditional Use
❑ Moratorium ❑Site Plan
Note;The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Additional Application Information
• Action Previously Referred to Suffolk County Planning Commission ❑Yes W No (If yes,Date )
Adjacent Municipality Notified(see NYS GML 239 nn) ❑Yes IA No ❑N/A
• Located Within Long Island Pine Barrens Zone ❑Yes 6a No
• Workforce/Affordable Housing ❑Yes ®No ❑N/A
• Energy Efficiency ❑Yes M No ❑N/A
• Zoning Board of Appeals Approval ❑Yes ®No ❑N/A
Suffolk County Department of Health Approval/Comments ❑Yes ®No ❑NIA
• New York State Dept.of Environmental Conservation Approval/Comments ❑Yes ®No ❑N/A
• New York State/Suffolk County Dept.of Public Works Approval/Comments ❑Yes ®No ❑N/A
• Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑1 ❑II ❑Ili ❑IV ❑V ❑VI ❑VII ❑VIII
Contact Information
Municipality Contact Name:• Albert J. Krupski Jr.,Supervisor
Department/Agency; Town of Southold
Phone Number: ,631-765-1800 Email Address: denisn southoldtownny.-gov
Applicant Contact Name: . Denis Noncarrow,Town Clerk
Applicant Address: 53095 Main Rd., PO Box 1179,Southold NY 11971
98dda339 jennifer.mudd@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk County,
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,
New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this
newspaper on the following dates:
05/23/2024
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,
and as such,is eligible to publish such notices.
Signature
Christina Henke Rea
Printed Name
Subscribed and sworn to before me,
This 28 day of May 2024
Digitally signed FNotary
7ofNew
A
by douglas w rea New YorkDate: 2024.05.28 313:56:38 +00:00 ountyp 3Q 2027
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there
has been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on the
9th day of April, 2024, A Local Law
entitled, "A Local Law in relation
to Storm Sewer Systems: Illicit
Discharges. Activities and
Connections" and therefor be it
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at Southold Town Hall, 53095 Main
Road, Southold, New York, on the
18th day of June. 2024 at 4:30
p.m. at which time all interested
persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in relation to Storm
Sewer Systems: Illicit Discharges.
Activities and Connections" reads
as follows:
LOCAL LAW NO. 2024
I. A new Chapter 235 of the Code of
the Town of Southold
The proposed Local Law is
available in its entirety on the Town
Website southoldtownny.gov or at
the Town Clerk's Office during
regular business hours.
DATED: APRIL 9, 2024
BY ORDER OF THE TOWN BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERK
TIMES\'
Invoice
REVIEW
MEDIA GROUP
Invoice number 52D6E722-0004
Date of issue April 11,2024
Date due May 22,2024
Check payable to: Times Review Media Group
Suffolk Times Bill to
7555 Main Road jennifer.mudd@town.southold.ny.us
PO Box 1500
Mattituck, New York 11952
United States
+1631-298-3200
Ibazata@timesreview.com
$57.90 USD due May 22, 2024
Pay online
Confirmation Id:98dda339
Description City Unit price Amount
Publication date:05/23/2024 1 $32.90 $32.90
QAC Affidavit 1 $25.00 $25.00
Subtotal $57.90
Total $57.90
Amount due $57.90 USD
52D6E722-0004 $57.90 USD due May 22,2024 Page 1 of 2
t 's
Check payable to:Times Review Media Group
Click this link for Ad copy:
https://gacmainstorage.blob.core.windows.net/notices/NY/The_Suffolk-Times/Suffolk-County/Publicnotice 98dda339.pdf
Ad Text:
LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York,on the 9th day of April, 2024,A Local Law entitled,"A Local Law in relation to
Storm Sewer Systems; Illicit Discharges,Activities and Connections"and therefor be it NOTICE IS HEREBY FURTHER GIVEN
that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095
Main Road,Southold, New York,on the 18th day of June, 2024 at 4 30 p.m.at which time all interested persons will be given an
opportunity to be heard. The proposed Local Law entitled, 'A Local Law in relation to Storm Sewer Systems;Illicit Discharges,
Activities and Connections"reads as follows LOCAL LAW NO. 2024 I.A new Chapter 235 of the Code of the Town of
Southold The proposed Local Law is available in its entirety on the Town Website southoldtownny.gov or at the Town Clerk's
Office during regular business hours. DATED APRIL 9, 2024 BY ORDER OF THE TOWN BOARD DENIS NONCARROW SOUTHOLD
TOWN CLERK
52D6E722-0004•$57.90 USD due May 22,2024 Page 2 of 2
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there
has been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on the
9th day of April, 2024, A Local Law
entitled, "A Local Law in relation
to Storm Sewer Systems: Illicit
Discharges. Activities and
Connections" and therefor be it
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at Southold Town Hall, 53095 Main
Road, Southold, New York, on the
181th day of June. 2024 at 4:30
p.m. at which time all interested
persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in relation to Storm
Sewer Systems: Illicit Discharges.
Activities and Connections" reads
as follows:
LOCAL LAW NO. 2024
I. A new Chapter 235 of the Code of
the Town of Southold
The proposed Local Law is
available in its entirety on the Town
Website southoldtownny.gov or at
the Town Clerk's Office during
regular business hours.
DATED: APRIL 9, 2024
BY ORDER OF THE TOWN BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERK
�Y
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 9th day of April, 2024,-A. Local Law entitled, "A
Local Law.in relation to Storm Sewer Systems; Illicit Discharges,Activities and
Connections" and therefor be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold,New York, on the 18th day of June,2024 at 4:30 p.m. at which time all interested
persons will be given an opportunity to be heard.
The purposed Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit
Discharges,Activities and Connections" reads as follows:
LOCAL LAW NO. 2024
I. A new Chapter 235 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges,
Activities and Connections
235-1. PURPOSEANTENT.
The purpose of this law is to provide for the health, safety, and general welfare of the citizens of
the Town of Southold 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. To meet the requirements of the SPDES General Permit for Stormwater,Discharges from
MS4s, Permit no. GP-0-24-001 or 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 non-stormwater 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 law; 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.
235-2. 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
1
* 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 - Activities requiring authorization under the SPDES permit for
stormwater discharges from construction activity, GP-0-20-001, 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
demolition.
Department- The New York State Department of Environmental Conservation.
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 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.
Illicit Discharge - Any direct or indirect non-stormwater discharge to the MS4, except as
exempted in 235- 5A of this law.
Industrial Activity-Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-0-23-001, as amended or revised.
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, ditches, man-made
channels, or storm drains):
1. Owned or operated by the Town of Southold;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR
122.2
Municipality - The Town of Southold
Non-Stormwater 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 and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause or might reasonably be
expected to cause pollution of the waters of the state in contravention of the standards.
Premises -Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Special Conditions
1. Discharge Compliance with Water Quality Standards - The condition that applies
where a municipality has been notified that the discharge of stormwater authorized under
their 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
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 permit that applies
where 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 (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 waterbody 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 municipality was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified in the TMDL is
achieved.
4. The condition in the municipality's MS4 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 TMDL to see if it
includes requirements for control of stormwater discharges. If an MS4 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.
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.
Stormwater - Rainwater, surface runoff, snowmelt and drainage.
Stormwater, Management Officer (SMO) -An employee,the municipal engineer or other
public official(s) designated by the Town of Southold 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.
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 235- 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.
TMDL - Total Maximum Daily Load.
Total Maximum Daily'Load - The maximum amount of a pollutant to be allowed to be released
into a waterbody 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.
235-3. 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.
235-4. 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.
235-5. DISCHARGE PROHIBITIONS.
A. 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 235-5A. The commencement, conduct or
continuance of any illegal discharge to the MS4 is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions established by
this local law, unless the Department or the municipality has determined 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, air
conditioning condensate, irrigation water, springs, water from individual
residential car washing, natural riparian habitat or wetland flows, residential street
wash water and water from firefighting activities. 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 local law.
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.
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.
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 local law if the person connects a
line conveying sewage to the municipality's MS4, or allows such a connection to
continue.
235-6. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER
A. Activities that are subject to the requirements of this section are those types of activities
that:
1. Cause or contribute to a violation of the municipality's MS4 SPDES permit.
2. Cause or contribute to the municipality being subject to the Special Conditions as
defined in §235-2 (Definitions) of this local law.
B. Upon notification to a person that he or she is engaged in activities that cause or
contribute to violations of the municipality's MS4 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.
235-7. REQUIREMENT TO PREVENT, CONTROL,AND REDUCE STORMWATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
A. Best Management Practices
Where the SMO has identified illicit discharges as defined in §235-2 or activities
contaminating stormwater as defined in §235-6 the municipality may require
implementation of Best Management Practices (BMPs)to control those illicit discharges
and activities.
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.
2. Any person responsible for a property or premise, which is, or may be,the source
of an illicit discharge as defined in §235-2 or an activity contaminating
stormwater as defined in §235-6, 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.
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.
235-8. SUSPENSION OF ACCESS TO MS4. Illicit Discharges in Emergency Situations.
A. 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 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.
B. Suspension due to the detection of illicit discharge. Any person discharging to the
municipality's MS4 in violation of this law may have their 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 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.
235- 9. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
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 municipality prior to the allowing of discharges to the MS4.
235- 10. ACCESS AND MONITORING OF DISCHARGES.
A. 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.
B. Access to Facilities.
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.
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.
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.
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.
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.
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
and/or sample as part of a routine inspection and sampling program designed to
verify compliance with this law or any order issued hereunder,then the SMO may
seek issuance of a search warrant from any court of competent jurisdiction.
235- 11. 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 shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of 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.
235- 12. ENFORCEMENT.
A. 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:
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; and
6. The implementation of source control or treatment BMPs. 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 a designated
governmental agency or a contractor and the expense thereof shall be charged to
the violator.
B. 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 One Thousand dollars ($1,000.00) or imprisonment for a period not to
exceed six (6)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 (5) years, punishable by a
fine not less than Two Thousand Five Hundred dollars ($2,500.00) nor more than Seven
Thousand Five Hundred dollars ($7,500.00) or imprisonment for a period not to exceed
six(6) months, or both; and upon conviction for a third or subsequent offense all of
which were committed within a period of five (5) years, punishable by a fine not less than
Ten Thousand dollars ($10,000.00)nor more than Twenty Thousand dollars ($20,000.00)
or imprisonment for a period not to exceed six (6) 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.
235-13. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal the determination of the SMO to the
Town of Southold within fifteen (15) days of its issuance, which shall hear the appeal within
thirty.(30) days after the filing of the appeal, and within five (5) 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.
235-1-4. CORRECTIVE MEASURES AFTER APPEAL.
A. If the violation has not been corrected pursuant to the requirements set forth in the Notice
of Violation, or, in the event of an appeal, within five (5)business days of the decision of
the municipal authority upholding the decision of the SMO,then the SMO shall request
the owner's permission for access to the subject private property to take any and all
measures reasonably necessary to abate the violation and/or restore the property.
B. If refused access to the subject private property, the SMO may seek a warrant in a court
of competent jurisdiction to be authorized to enter upon the property to determine
whether a violation has occurred. Upon determination that a violation has occurred,the
SMO may seek a court order to take any and all measures reasonably necessary to abate
the violation and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
235 15. INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this,law. If a person has violated or continues to violate the provisions of this
law, 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.
235=16. ALTERNATIVE REMEDIES.
A. Where a person has violated-a provision of this Law, he/she may be eligible for
alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal
Attorney and concurrence of the Municipal Code Enforcement Officer, where:
1. The violation was unintentional
2. The violator has no history of pervious violations of this Law.
3. Environmental damage was minimal.
4. Violator acted quickly to remedy violation.
5. Violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the following:
1. Attendance at compliance workshops
2. Storm drain stenciling or storm drain marking
3. River, stream or creek cleanup activities
235-17. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this 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.
235-18. REMEDIES NOT EXCLUSIVE.
The remedies listed in this law 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.
III. 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.
IV. EFFECTIVE DATE
This law shall be in full force and effect immediately upon its final adoption and filing with the
Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed.
DATED: APRIL 9, 2024
BY ORDER OF THE SOUTHOLD TOWN BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERK
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 111h day of April,2024, a notice of which the annexed printed
notice is a true copy was affixed, in a proper and substantial manner, in a most public
place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town
Website: www.southoldtownn.gov
P.H.—6/18/24—Ch. 235 Storm Sewer Systems; Illicit Discharges, Activities and
Connections W)
Denis Noncarrow
Southold Town Clerk
Sworn to before me on the
1 lth day of April, 2024
Notary Public
JENNIFER M MUDD
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 MU6429053
Qualified in Suffolk County 110
My Commission Expires February 07.20
t � �
RESOLUTION 2024-332
ADOPTED DOC ID: 20144
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-332 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 9,2024:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 91n day of April, 2024, A Local Law entitled, "A Local Law in
relation to Storm Sewer Systems; Illicit Discharges,Activities and Connections" and
therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 1Scn
day of June,2024 at 4:30 p.m. at which time all interested persons will be given an opportunity
to be heard.
The purposed Local Law entitled, "A Local Law in relation to Storm Sewer Systems;Illicit
Discharges, Activities and Connections" reads as follows:
LOCAL LAW NO. 2024
I. A new Chapter 235 of the Code of the Town of Southold is hereby adopted as follows:
A Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges,
Activities and Connections
235-1. PURPOSEANTENT.
The purpose of this law is to provide for the health, safety, and general welfare of the citizens of
the Town of Southold 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. To meet the requirements of the SPDES General Permit for Stormwater Discharges from
MS4s, Permit no. GP-0-24-001 or 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 non-stormwater 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 law; 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
C
Resolution 2024-332 Board Meeting of April 9, 2024
MS4.
235-2. 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 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 - Activities requiring authorization under the SPDES permit for
stormwater discharges from construction activity, GP-0-20-001, 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
demolition.
Department - The New York State Department of Environmental Conservation.
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 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.
Illicit Discharge- Any direct or indirect non-stormwater discharge to the MS4, except as
exempted in 235- 5A of this law.
Industrial Activity -Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-0-23-001, as amended or revised.
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, ditches, man-made
channels, or storm drains):
1. Owned or operated by the Town of Southold;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR
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Resolution 2024-332 Board Meeting of April 9, 2024
122.2
Municipality - The Town of Southold
Non-Stormwater 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 and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause or might reasonably be
expected to cause pollution of the waters of the state in contravention of the standards.
Premises -Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Special Conditions
1. Discharge Compliance with Water Ouality Standards - The condition that applies
where a municipality has been notified that the discharge of stormwater authorized under
their 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
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 permit that applies
where 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 (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 waterbody 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 municipality was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified in the TMDL is
achieved.
4. The condition in the municipality's MS4 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 TMDL to see if it
includes requirements for control of stormwater discharges. If an MS4 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.
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.
Stormwater--Rainwater, surface runoff, snowmelt and drainage.
Stormwater Management Officer (SMO) -An employee,the municipal engineer or other
public official(s) designated by the Town of Southold 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.
303(d) List- A list of all surface waters in the state for which beneficial uses of the water
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Resolution 2024-332 Board Meeting of April 9, 2024
(drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants,prepared
periodically by the Department as required by 235- 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.
TMDL - Total Maximum Daily Load.
Total Maximum Daily Load - The maximum amount of a pollutant to be allowed to be released
into a waterbody 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.
235-3. 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.
235-4. 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.
235-5. DISCHARGE PROHIBITIONS.
A. 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 235-5A. The commencement, conduct or
continuance of any illegal discharge to the MS4 is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions established by
this local law, unless the Department or the municipality has determined 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, air
conditioning condensate, irrigation water, springs, water from individual
residential car washing, natural riparian habitat or wetland flows,residential street
wash water and water from firefighting activities. 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 local law.
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.
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
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Resolution 2024-332 Board Meeting of April 9, 2024
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.
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 local law if the person connects a
line conveying sewage to the municipality's MS4, or allows such a connection to
continue.
235-6. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER
A. Activities that are subject to the requirements of this section are those types of activities
that:
1. Cause or contribute to a violation of the municipality's MS4 SPDES permit.
2. Cause or contribute to the municipality being subject to the Special Conditions as
defined in §235-2 (Definitions) of this local law.
B. Upon notification to a person that he or she is engaged in activities that cause or
contribute to violations of the municipality's MS4 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.
235-7. REQUIREMENT TO PREVENT,'CONTROL, AND REDUCE STORMWATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
A. Best Management Practices
Where the SMO has identified illicit discharges as defined in §235-2 or activities
contaminating stormwater as defined in §235-6 the municipality may require
implementation of Best Management Practices (BMPs) to control those illicit discharges
and activities.
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.
2. Any person responsible for a property or premise, which is, or may be, the source
of an illicit discharge as defined in §235-2 or an activity contaminating
stormwater as defined in §235-6, 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.
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.
235-8. SUSPENSION OF ACCESS TO MS4. Illicit Discharges in Emergency Situations.
A. 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
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Resolution 2024-332 Board Meeting of April 9, 2024
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 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.
B. Suspension due to the detection of illicit discharge. Any person discharging to the
municipality's MS4 in violation of this law may have their 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 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.
235- 9. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
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 municipality prior to the allowing of discharges to the MS4.
235- 10. ACCESS AND MONITORING OF DISCHARGES.
A. 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.
B. Access to Facilities.
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.
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.
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.
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.
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
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Resolution 2024-332 Board Meeting of April 9, 2024
reasonable access to the facility for the purpose of conducting any activity
authorized or required by this law.
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
and/or sample as part of a routine inspection and sampling program designed to
verify compliance with this law or any order issued hereunder, then the SMO may
seek issuance of a search warrant from any court of competent jurisdiction.
235- 11. 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 shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of 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.
235- 12. ENFORCEMENT.
A. 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:
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; and
6. The implementation of source control or treatment BMPs. 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 a designated
governmental agency or a contractor and the expense thereof shall be charged to
the violator.
B. 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 One Thousand dollars ($1,000.00) or imprisonment for a period not to
exceed six(6) months, or both for conviction of a first offense; for conviction of a second
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Resolution 2024-332 Board Meeting of April 9, 2024
offense both of which were committed within a period of five (5)years,punishable by a
fine not less than Two Thousand Five Hundred dollars ($2,500.00) nor more than Seven
Thousand Five Hundred dollars ($7,500.00) or imprisonment for a period not to exceed
six (6) months, or both; and upon conviction for a third or subsequent offense all of
which were committed within a period of five (5) years, punishable by a fine not less than
Ten Thousand dollars ($10,000.00)nor more than Twenty Thousand dollars ($20,000.00)
or imprisonment for a period not to exceed six (6) 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.
235-13. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal the determination of the SMO to the
Town of Southold within fifteen (15) days of its issuance, which shall hear the appeal within
thirty (30) days after the filing of the appeal, and within five (5) 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.
235-14. CORRECTIVE MEASURES AFTER APPEAL.
A. If the violation has not been corrected pursuant to the requirements set forth in the Notice
of Violation, or, in the event of an appeal, within five (5)business days of the decision of
the municipal authority upholding the decision of the SMO,then the SMO shall request
the owner's permission for access to the subject private property to take any and all
measures reasonably necessary to abate the violation and/or restore the property.
B. If refused access to the subject private property,the SMO may seek a warrant in a court
of competent jurisdiction to be authorized to enter upon the property to determine
whether a violation has occurred. Upon determination that a violation has occurred, the
SMO may seek a court order to take any and all measures reasonably necessary to abate
the violation and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
235 15. INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this law. If a person has violated or continues to violate the provisions of this
law, 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.
235-16. ALTERNATIVE REMEDIES.
A. Where a person has violated a provision of this Law,he/she may be eligible for
alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal
Attorney and concurrence of the Municipal Code Enforcement Officer, where:
1. The violation was unintentional
2. The violator has no history of pervious violations of this Law.
3. Environmental damage was minimal.
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Resolution 2024-332 Board Meeting of April 9, 2024
4. Violator acted quickly to remedy violation.
5. Violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the following:
1. Attendance at compliance workshops
2. Storm drain stenciling or storm drain marking
3. River, stream or creek cleanup activities
235-17. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this 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.
235-18. REMEDIES NOT EXCLUSIVE.
The remedies listed in this law 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.
III. 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.
IV. EFFECTIVE DATE
This law shall be in full force and effect immediately upon its final adoption and filing with the
Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Anne H. Smith, Councilwoman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
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