Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text oflaw should be given as amended. Do not include matter being elim and do not use italics or
underlining to indicate new matter. 9TATgQ*^wewY0w*c
OePAmWENT OF STATE
CLAY
I LE D
of FEB 29 2008
Town
i STATE RECO«q$
Local Law No. 1 ofthe year 20 0 8 ,
A local law adding a new chapter to be known as C H A P T E R 186 entitled "STORM S E W E R S '
(Insert Title)
to the Code of the Town of Clav.
Be it enacted by the Town Board ofthe
(Name ofLegislative Body)
of Clay as follows:
Town
S E E ATTACHED LOCAL LAW
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 11/99) Page 1 of 3
(Complete the certification in the paragraph that applies to thefiUngof this local law and
strike out that which is not applicable.)
L (Final adoption by local legislative body only.)
1 08
I hereby certify that the local law annexed hereto, designated as local law No. J of 20 of
the (County)(City)(Town)(Village) of Town of Clay was duly passed by the
Town Board on Januarv 23, 20 0§ , in accordance with the applicable
(Name of Legislative body)
provisions of iaw.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
ChiefExecutivc 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)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective ChiefExeculive Officer*)
on 20 , in accordance with the applicable provisions oflaw.
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)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Execulive Officer")
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)
(Name of Legislative Body) ' \ i-V /\ i'f /
(repassed after disapproval) by the on 20 Such local
(Elective Chief Execulive Officer")
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions oflaw.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elecled on a county-wide basis or, if there be none,
the chairperson ofthe 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 {Rev. 11/99) Page 2 of 3
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 ofthe qualified electors of the cities of said county as a unil and a majority
ofthe qualified electors ofthe 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 original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph 1—, above. t V / " A WO
Clerk oflhe county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
VIVIAN I- MASON, TOWN CLERK
(^eal) Date: February 8th. 2008
(Ceriification to be executed by County Attorney, Corporation Counsel, Town Attorney, Viilage Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTV OF ONONDAGA
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that ail proper proceedings have
been had or taken for the enactment of the local law annexed hereto.
Signature
ROBERT N
TOWN ATTORNEY
Title
^of riAY
Town
Date: February 8th, 2008
DOS-239 (Rev. 1 1/99) Pgge 3 Of 3
LOCAL LAW NO. 1 OF
THE YEAR 2008 TOWN OF CLAY
Local Law No, 1 of the Year 2008 adding a new chapter to be known as CHAPTER 186,
entitled "STORM S E W E R S " to the Code of the Town of Clay.
IT IS ENACTED by the Town Board of the Town of Clay, County of Onondaga as follows:
SECTION 1. Adding a new chapter to be known as CHAPTER 186, entitled
"STORM S E W E R S " to the Code of the Town of Clay. The purpose of this loca! law is to
add a new CHAPTER 186, to be entitled "STORM S E W E R S " to the Code of the Town of
Clay to comply with the requirements of the SPDES General Permit for Municipal
Separate Storm Sewer Systems. Said Local Law is to read as follows:
See attached Local Law
The Town Board called public hearing on December 3rd, 2007 for December 17, 2007.
Town Board held and completed public hearing on. Town Board approving resolution passed on January 23,2008.
Local Law No. 1 of the Year 2008 as approved by Town Board sent to Dept. of State on February 11, 2008.
On received letter from Dept. of State with notification of date filed being __^^___
CHAPTER 186
STORM SEWERS
§ 186-1. PURPOSE
The purpose of this local law is to provide for the health, safety, and general welfare of the citizens
of the Town of Clay 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 proposed 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:
A. To meet the requirements of the SPDES General Permit for Stormwater Discharges
from MS4s, Permit no. GP-02-02 or as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such systems are not
designed to accept, process or discharge non-stormwater wastes;
C. To prohibit Illicit Connections, Activities and Discharges to the MS4;
D. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this law; and
E. 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.
§ 186^2, 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 aiso include treatment practices, operating procedures, and practices to controi 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. § 186.2 STORM SEWERS § 186-2 CONSTRUCTION ACTIVITY - Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, 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. DESIGN PROFESSIONAL - A New York State licensed professional engineer or licensed architect.
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 othenwise 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 §186-6 of this law.
INDUSTRIAL ACTIVITY - Activities requiring the SPDES permit for discharges from Industrial
activities except construction, GP-98-03, 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 Clay;
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.
§ 186.2 CLAY CODE § 186-2
MUNICIPALITY - The Town of Clay
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 contnbute 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 inciuding requirements for controi 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
§ 186.2 STORM SEWERS § 186-2
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 officlal(s) designated by the Town of Clay 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 penodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. 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. § 186-3. APPLICABIUTY
This proposed law shall apply to all water entering the MS4 generated on any developed and
undeveloped lands unless explicitly exempted by an authorized enforcement agency.
§ 186-4. 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.
§ 186-5. SEVERABILITY,
The provisions of this iaw 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.
§ 186.4 CLAY CODE § 186-6A(3)
§ 186-6. 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 §186-6A(1). 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, crawl space or
basement sump pumps, air conditioning condensate, irrigation water, springs, water
from individual residential car washing, natural ripanan habitat or wetland flows,
dechlorinated swimming pool discharges, residential street wash water, water from
fire fighting activities, and any other water source not containing pollutants. Such
exempt discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
(2) Discharges approved in writing by the SMO to protect life or property from imminent
harm or damage, provided that, such approval shall not be construed to constitute
compliance with other applicable laws and requirements, and further provided that
such discharges may be permitted for a specified time period and under such
conditions as the SMO may deem appropriate to protect such life and property while
reasonably maintaining the purpose and intent of this 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.
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STORM SEWERS
(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.
§ 186-7. 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 §186-2 (Definitions) of this local law.
(3) 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 ali 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.
§ 186-8. 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 §186-2 or activities
contaminating stormwater as defined in §186-8 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 §186-2 or an activity contaminating stormwater as
defined in §186-7, 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.
CLAY CODE
§ 186-9. SUSPENSION OF A C C E S S 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.
§ 186-10. 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.
§ 186-11. 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.
STORM SEWER
(2) Facility operators shall allow the SMO ready access to aii 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 iaw 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.
§186-12. 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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CLAY CODE
§ 186-13. 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 shaii 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 three hundred fifty dollars ($350) or imprisonment for a period not to exceed six
months, or both for conviction of a first offense; for conviction of a second offense both of
which were committed within a period of five years, punishable by a fine not less than three
hundred fifty dollars nor more than seven hundred dollars ($700) or imprisonment for a
period not to exceed six months, or both; and upon conviction for a third or subsequent
offense all of which were committed within a period of five years, punishable by a fine not
less than seven hundred dollars nor more than one thousand dollars ($1000) or
imprisonment for a period not to exceed six months, or both. However, for the purposes of
conferring jurisdiction upon courts and judicial officers generally, violations of this local law
shall be deemed misdemeanors and for such purpose only all provisions of law relating to
misdemeanors shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
STORM SEWERS
§ 186-14. APPEAL OF NOTICE OF VIOLATION,
Any person receiving a Notice of Violation may appeal the determination of the SMO to the Town
Board within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of
the appeal, and within five days of making its decision, file its decision in the office of the municipal
clerk and mail a copy of its decision by certified mail to the discharger.
§ 186-15. 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 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 ofthe discharger.
§ 186-16. 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.
§ 186-17. 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 ofthe 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.
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CLAY CODE
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.
§ 186-18, 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 summanly 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.
§ 186-19. 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.
§ 186-20. ADOPTION OF LAW.
This law shall be in full force and effect 10 days after its final passage and adoption. All prior laws
and parts of law in conflict with this law are hereby repealed.
PASSED AND ADOPTED this 23rd, day of January 2008.
11 -