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LEGAL NOTICE PLEASE TAKE NOTICE that the Village of Buchanan Board of Trustees will hold a public hearing on August 5, 2025 at 7:00 p.m. at the Municipal Building, 236 Tate Avenue, Buchanan, New York, to consider amending Chapter 211-97 entitled” Maintenance and repair of stormwater management facilities” adding E & F and 211-27 entitled “Contents of Plan” (C) (13) to the Code of the Village of Buchanan. Any interested persons may attend this hearing and make comments or submit their comments in writing concerning the proposed action. The document is available for inspection at the Village Municipal Building and may be viewed during normal business hours. BY ORDER OF THE VILLAGE CLERK CYNTHIA KEMPTER LEGAL NOTICE PLEASE TAKE NOTICE that the Village of Buchanan Board of Trustees will hold a public hearing on August 5, 2025 at 7:00 p.m. at the Municipal Building, 236 Tate Avenue, Buchanan, New York, to consider amending Chapter 211-97 entitled” Maintenance and repair of stormwater management facilities” adding E & F and 211-27 entitled “Contents of Plan” (C) (13) to the Code of the Village of Buchanan. Any interested persons may attend this hearing and make comments or submit their comments in writing concerning the proposed action. The document is available for inspection at the Village Municipal Building and may be viewed during normal business hours. BY ORDER OF THE VILLAGE CLERK CYNTHIA KEMPTER LEGAL NOTICE PLEASE TAKE NOTICE that the Village of Buchanan Board of Trustees will hold a public hearing on August 5, 2025 at 7:00 p.m. at the Municipal Building, 236 Tate Avenue, Buchanan, New York, to consider adding Chapter 102 entitled “Stormwater: Illicit Discharge Detection and Elimination” to the Code of the Village of Buchanan. Any interested persons may attend this hearing and make comments or submit their comments in writing concerning the proposed action. The document is available for inspection at the Village Municipal Building and may be viewed during normal business hours. BY ORDER OF THE VILLAGE CLERK CYNTHIA KEMPTER LEGAL NOTICE PLEASE TAKE NOTICE that the Village of Buchanan Board of Trustees will hold a public hearing on August 5, 2025 at 7:00 p.m. at the Municipal Building, 236 Tate Avenue, Buchanan, New York, to consider amending Chapter 166 entitled” Stormwater Management” Section 166-12 C., “Construction Inspection” to the Code of the Village of Buchanan. Any interested persons may attend this hearing and make comments or submit their comments in writing concerning the proposed action. The document is available for inspection at the Village Municipal Building and may be viewed during normal business hours. BY ORDER OF THE VILLAGE CLERK CYNTHIA KEMPTER Village of Buchanan, NY § 211-25 ZONING § 211-26 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 ARTICLE VII Site Development Plan Approval [Amended 12-15-1986 by L.L. No. 5-1986; 5-21-1990 by L.L. No. 2-1990] § 211-25. Plan required; exceptions; conformance to approved plan. A. Site development plan required. The Building Inspector shall not issue a building permit for the construction or alteration of any structure or for the use of any land in accordance with § 211-48 of this chapter and no certificate of occupancy for the construction or alteration of any structure or for the use of any land in accordance with § 211-49 of this chapter, until the Planning Board has approved a final site development plan or an amendment to a final site development plan in accordance with this article, other than the exceptions noted below. B. Exception to plan requirement. No such site development plan approval called for in Subsection A above shall be required for: (1) The erection, alteration or occupancy of one-family dwellings. (2) The erection and alteration of structures accessory to one-family dwellings or the use of structures and land as a use accessory to such dwellings. (3) The erection, alteration or occupancy of structures or the use of land identified as a special permit use in § 211-10 of this chapter. (4) The installation, construction or operation of any safety/security improvement. [Added 12-15-2003 by L.L. No. 1-2003] C. Continued performance to approved plan. The continued validity of any building permit or certificate of occupancy issued in accordance with an approved plan referred to in Subsection A above shall be subject to continued conformance with such approved plan. § 211-26. Standards for review. In considering the approval of the site development plan or an amendment to a final site development plan, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and, particularly, in regard to achieving: A. Design. Harmonious relationships of principal and accessory structures and uses with the site, with each other and with adjacent properties and streets. Consideration shall be given to architectural design of buildings, signs and other structures and to the provision of off-street parking and loading areas, landscaping, buffering, open areas and exterior lighting. B. Access. Maximum safety and convenience of vehicular and pedestrian access to and egress from the site, as well as circulation within the site. C. Utilities. Water supply, stormwater drainage, sewage and solid waste disposal systems and layouts which afford the best solution to any potential problems. D. Environment. The avoidance or minimization of disturbance to wetlands and floodplains, air and water pollution and other potential environmental, engineering or aesthetic impacts. Village of Buchanan, NY § 211-26 BUCHANAN CODE § 211-27 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 E. Conformance. Conformance of the proposed site development plan with the Master Plan and Official Map of the Village, with all applicable provisions of this chapter and with all other regulations and statutes governing the development of the proposed site. § 211-27. Contents of plan. An application for approval of a site development plan or an amendment to a final site development plan shall be accompanied by a site development plan. The plan shall be drawn at a scale and on sheets of a size satisfactory to the Village Engineer and shall include the following information: A. Legal data. (1) The names and addresses of the owner and applicant and signed authorization of the owner. (2) The names of all owners of record of all adjacent property and the lot, block and section numbers of the site and adjacent property. (3) Existing school, zoning and special district boundaries. (4) The size of the property to be developed, as well as site boundaries showing dimensions and bearings as determined by a current survey; dimensions of yards along all property lines; and lines of existing streets, lots, reservations, easements and areas dedicated to public uses. (5) Reference to the location and conditions of any covenants, easements or deed restrictions that cover all or any part of the tract, as well as identification of the document where such covenants, easements or deed restrictions are legally established. (6) A schedule of minimum zoning requirements, as well as the plan's proposed compliance to them, including lot area, lot width, lot depth, lot coverage, yards, off-street parking and off- street loading. (7) A key map showing the location of the site with reference to surrounding properties, streets, etc., within 500 feet of the site. (8) A North arrow, written and graphic scales and date of original plan and all revisions, with notations identifying the revisions. B. Existing conditions. (1) The location of existing buildings, identifying first floor elevations and other structures. (2) The location of existing water supply, sanitary sewage disposal, stormwater, gas and electric facilities with pipe sizes, grades, direction of flow, etc., on the site. (3) The location of all the above utilities which are near the site and will be used or affected by development of the site. (4) Existing contours with intervals of two feet or less, referred to a Village datum. (5) The location of existing wetlands, regulatory floodplains, wooded areas, rock outcrops, single trees with a diameter of eight inches or more measured 4 1/2 feet above the ground and other significant existing features. C. Development data. Village of Buchanan, NY § 211-26 BUCHANAN CODE § 211-27 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 (1) The title of the development and the name, address, telephone number, signature and seal of the engineer, architect or other qualified professional who prepared the site development plan. (2) The proposed use of land and structures and their proposed location, including proposed grades and first floor elevations. (3) All proposed lots, streets, easements and public and community areas. (4) All proposed means of pedestrian and vehicular access to and egress from the site onto adjacent streets. (5) The proposed location and design of any pedestrian circulation on the site and off-street parking areas and loading areas, including handicapped parking and ramps and including details of construction, surface materials, pavement markings and directional signs. (6) All proposed streets, with profiles indicating grading and cross sections showing the width of the roadway, the location and width of sidewalks and the location and size of utility lines, according to the standards and specifications contained in the street improvement specifications of the Village. (7) The location of all proposed waterlines, valves and hydrants and of all sewer lines. (8) Proposed erosion and sediment controls and stormwater drainage system. (9) The type, location, direction, power and time of operation of proposed outdoor lighting. (10) The proposed screening and landscaping, including a planting plan that identifies the type (scientific and common names), location, size and amount of plantings. (11) The location, height, materials, color and design, including construction details, of any proposed fences or walls. (12) The location, type, illumination, size, materials, color and design, including construction details, of proposed signs. (12)(13) A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of § 211-88 A & BArticle XIV of this local lawchapter shall be required for Site Plan Approval. The SWPPP shall meet the performance and design criteria and standards in § 211-88 A & B of this local lawset forth therein. The approved Site Plan shall be consistent with the provisions of this local lawchapter. Downloaded from https://ecode360.com/BU0230 on 2025-06-12 § 211-97. Maintenance and repair of stormwater management facilities. A. Maintenance and inspection during construction. (1) The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. (2) For land development activities as defined in § 211-87 and meeting Condition A, B or C in § 211-92B, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book. B. Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Buchanan to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Buchanan. C. Maintenance after construction. (1) The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes, as a minimum, the following: (a) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this article. (b) Written procedures for operation and maintenance and training new maintenance personnel. (c) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 211-96. D. Maintenance agreements. The Village of Buchanan shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this article, entitled "Sample Stormwater Control Facility Maintenance Agreement."9 The Village of Buchanan, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and includes adequate and Downloaded from https://ecode360.com/BU0230 on 2025-06-12 perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. E. Maintenance Guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a multifamily, commercial or industrial facility, the developerowner, prior to construction, may be required by the Village to provide the ((City/Town/Village) of )Village with an irrevocable letter of credit from an approved financial institution or surety or bond in an amount established by the Village Consulting Engineer and to the satisfaction of the Village Attorney to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the ((City/Town/Village) of )Village may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. D.F. Recordkeeping. The ((City/Town/Village) of )Village may require entities subject to this lawChapter to maintain records demonstrating compliance with this lawChapter. Records shall be provided to the Village upon request. 7. Editor's Note: Schedule B is included at the end of this chapter. Village of Buchanan, NY https://d.docs.live.net/3aea88d5241180cc/Documents/Buchanan/Zoning amendment/Updated Code/Chapter 102 Illicit Discharge Detection and Elimination 2025-06-13.docx Chapter 102 ILLICIT DISCHARGE DETECTION AND ELIMINATION § 102-1. Title. § 102-2. Purpose and intent. § 102-3. § 102-4. Applicability. § 102-5. Responsibility for administration. § 102-6. Illicit discharges and connections, prohibited; exceptions. § 102-7. Activities contaminating stormwater prohibited. § 102-8. Enforcement, notification and remedy of illicit discharges, connections and contamination. § 102-9. Prevention, control and reduction of stormwater pollutants by use of best management practices. § 102-10. Suspension of access to MS4. § 102-11. Industrial or construction activity discharges. § 102-12. Applicability; access to facilities; monitoring of discharges. § 102-13. Notification of spills. § 102-14. Appeal of notice of violation. § 102-15. Corrective measures after appeal. § 102-16. Injunctive relief. § 102-17. Alternative remedies. § 102-18. Violations deemed a public nuisance. § 102-19. Remedies not exclusive. § 102-20. Severability. § 102-1. Title. This chapter shall be known as the “Illicit Discharge Law” of the Village of Buchanan. § 102-2. Purpose and intent. The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the Village of Buchanan through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems (MS4s). The objectives of this chapter are: Village of Buchanan, NY https://d.docs.live.net/3aea88d5241180cc/Documents/Buchanan/Zoning amendment/Updated Code/Chapter 102 Illicit Discharge Detection and Elimination 2025-06-13.docx § 102-2 BUCHANAN CODE § 102-3 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 nonstormwater 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 chapter; 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. § 102-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: BEST MANAGEMENT PRACTICES (BMPs) — Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. CONSTRUCTION ACTIVITY — 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. 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: A. Any conveyances which allow any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or B. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. ILLICIT DISCHARGE — Any direct or indirect nonstormwater discharge to the MS4, except as exempted herein. Village of Buchanan, NY Downloaded from https://ecode360.com/NO1178 on 2025-06-12 § 102-3 ILLICIT DISCHARGE DETECTION AND ELIMINATION § 102-3 INDUSTRIAL ACTIVITY — Activities requiring a SPDES Permit for Discharges From Industrial Activities Except Construction, GP-98-03, as amended or revised. MS4 — Municipal separate storm sewer system. MUNICIPALITY — The Village of Buchanan or the Village. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): A. Owned or operated by the Village; B. Designed or used for collecting or conveying stormwater; C. Which is not a combined sewer; and D. Which is not part of a publicly owned treatment works (POTW), for treatment of sewage, as defined at 40 CFR 122.2. NONSTORMWATER DISCHARGE — Any discharge to the MS4 that is not composed entirely of stormwater. NYSDEC — The New York State Department of Environmental Conservation. 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 — The conditions that may affect the municipality’s MS4 permit as follows: A. 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 Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. B. 303(d) listed waters: the condition in the Village’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. C. Total maximum daily load (TMDL) strategy: the condition in the Village’s MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. Village of Buchanan, NY Downloaded from https://ecode360.com/NO1178 on 2025-06-12 § 102-3 BUCHANAN CODE § 102-6 D. The condition in the Village’s MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges: Under this condition, the Village must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Village must, within six months of the TMDL’s approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT — A permit issued by the NYSDEC 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 Village’s Consulting Engineer, or other public official(s) designated by the Village of Buchanan to enforce this chapter. 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. SURFACE WATERS OF THE STATE OF NEW YORK — Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or undergroundwaters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. 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 NYSDEC 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 water body so as not to impair uses of the water allocated among the sources of that pollutant. WASTEWATER — Water that is not stormwater, is contaminated with pollutants and is or will be discarded. WATERS OF THE STATE — See “surface waters of the State of New York.” § 102-4. Applicability. This chapter shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. § 102-5. Responsibility for administration. The Stormwater Management Officer(s) [SMO(s)] shall administer, implement, and enforce the provisions of this chapter. 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 Village. Village of Buchanan, NY § 102-6 ILLICIT DISCHARGE DETECTION AND ELIMINATION § 102-8 Downloaded from https://ecode360.com/NO1178 on 2025-06-12 § 102-6. Illicit discharges and connections, prohibited; exceptions. A. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 102-6A(1), below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as set forth below: (1) The following discharges are exempt from discharge prohibitions established by this chapter, unless the NYSDEC or the Village 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 groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, roof drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this chapter. (3) Dye testing in compliance with applicable state and 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 a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC, 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. No person shall allow or create an illicit connection to or cause an illicit connection to the MS4. (1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the Village’s MS4 or allows such a connection to continue. § 102-7. Activities contaminating stormwater prohibited. Activities that are subject to the requirements of this section are those types of activities that: A. Cause or contribute to a violation of the Village’s MS4 SPDES permit. B. Cause or contribute to the Village being subject to the special conditions as defined in § 102- 3, Definitions, of this chapter. Village of Buchanan, NY § 102-8 BUCHANAN CODE § 102-8 Downloaded from https://ecode360.com/NO1178 on 2025-06-12 § 102-8. Enforcement, notification and remedy of illicit discharges, connections and contamination. A. Notice of violation. (1) When the Village’s SMO finds that a person has violated a prohibition or failed to meet a requirement of this chapter, he/she may order compliance by written notice of violation to the responsible person(s). Such notice may require, without limitation: (a) The elimination of illicit connections or discharges; (b) That violating discharges, practices, or operations shall cease and desist; (c) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (d) The performance of monitoring, analyses, and reporting; (e) Payment of a fine; and (f) The implementation of source control or treatment BMPs. (2) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. B. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Village’s MS4 SPDES permit authorization, that person shall take all reasonable actions to properly respond to such notification and to correct such activities such that he or she no longer causes or contributes to violations of the Village’s MS4 SPDES permit authorization in accordance with the procedures herein. C. The following notification and response procedures shall be followed if illicit discharges or connections or activities contaminating stormwater are identified: (1) The SMO shall provide notification by certified or registered mail, return receipt requested, and shall file a copy of the notice with Village Clerk within five days of identification of an illicit discharge, connection or an activity contaminating stormwater. (2) A written response shall be provided from the person notified within five days of receipt of the notice of violation providing a brief description of the intended remedy to the violation. (3) A detailed response and related plans showing the proposed remedy to the violation shall be prepared by the violator or his authorized representative, with the assistance of a competent professional, and shall be submitted to the SMO within 21 days of the receipt of the notice along with any required forms and payment of required fees as follows: (a) Additional copies of the response and plans shall be provided as required by the SMO. (b) The proposed remedy shall address the purposes and intent of this chapter, appropriate BMPs, and all pertinent requirements and standards contained in this chapter. (c) A copy of any other applications for land disturbance or development activities on the site, including stormwater permits, and any other applicable federal, state and local permits, Village of Buchanan, NY § 102-8 ILLICIT DISCHARGE DETECTION AND ELIMINATION § 102-9 Downloaded from https://ecode360.com/NO1178 on 2025-06-12 shall be provided. (d) The proposal shall include a reasonable timeline for completion of the remedial activities. (4) A review of the response and plans shall be conducted by the SMO, or an authorized representative of the SMO, and as deemed necessary, the Village’s Consulting Engineer and other officials or representatives of the Village. (5) An on-site evaluation of proposed remedy shall be conducted by the SMO, or an authorized representative of the SMO, and as deemed necessary, the Village’s Consulting Engineer and other reviewers. (6) The detailed response and plans shall be revised and resubmitted for additional review, including any necessary reports or studies. The submitted materials shall be revised as requested by the SMO or his authorized representative, the Village’s Consulting Engineer and other reviewers until all concerns have been addressed. (7) The SMO shall provide authorization to proceed with the proposed remedy, including a specific timeline for completion of BMPs and all related improvements. (8) The SMO may require the violator to post a bond to cover the cost of completion of the authorized remedy. The bond shall be an amount recommended by the Village’s Consulting Engineer to be sufficient to ensure the completion of the authorized remedy and shall specify completion of the remedy within a period of time fixed by the Village Board and not exceeding one year. The bond shall be a surety, cash or savings account bond or letter of credit with security acceptable to and approved by the Village Board as to form, sufficiency and manner of execution and upon recommendation of the Village Attorney. The bond may be extended for one year upon recommendation of the SMO and the Village’s Consulting Engineer and approval by the Village Board. (9) Inspection of the site shall be conducted by the SMO, his authorized representative, or the Village’s Consulting Engineer during and after site remediation. D. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $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 chapter 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. § 102-9. Prevention, control and reduction of stormwater pollutants by use of best management practices. Where the SMO has identified illicit discharges or illicit connections or activities contaminating stormwater, as defined in § 102-3 and as set forth in §§ 102-6 and 102-7 above, the Village may require implementation of best management practices (BMPs) to control those illicit discharges, connections and Village of Buchanan, NY § 102-9 BUCHANAN CODE § 102-12 Downloaded from https://ecode360.com/NO1178 on 2025-06-12 activities. Similarly, in response to a notice of violation, BMPs shall be employed, as necessary. A. The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs. B. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge or connection, or an activity contaminating stormwater, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. C. 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. § 102-10. Suspension of access to MS4. The following provisions apply to illicit discharges resulting from 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. Any costs related to the emergency actions taken by the SMO shall be the responsibility of the violator. B. Suspension due to the detection of illicit discharge. Any person discharging to the Village’s MS4 in violation of this chapter may have his or her 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. § 102-11. 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 Village prior to the allowing of discharges to the MS4. § 102-12. Applicability; access to facilities; monitoring of discharges. This section applies to all facilities that the SMO must inspect to enforce any provision of this chapter, 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 chapter. A. The SMO shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security Village of Buchanan, NY § 102-12 ILLICIT DISCHARGE DETECTION AND ELIMINATION § 102-15 Downloaded from https://ecode360.com/NO1178 on 2025-06-12 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. B. 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 chapter. C. The Village shall have the right to set up on any facility subject to this chapter such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility’s stormwater discharge. D. The Village has the right to require the facilities subject to this chapter to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. 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. E. Any unreasonable delay in allowing the Village access to a facility subject to this chapter is a violation of this chapter. A person who is the operator of a facility subject to this chapter commits an offense if the person denies the Village reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter. F. If the SMO has been refused access to any part of the premises from which a discharge is occurring, and the SMO is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. § 102-13. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person 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 (NYSDEC Spill Hotline: 1-800-457-7362). In the event of a release of nonhazardous materials, said person shall notify the Village 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 Village 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. § 102-14. Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the SMO to the Village 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. Village of Buchanan, NY § 102-15 BUCHANAN CODE § 102-19 Downloaded from https://ecode360.com/NO1178 on 2025-06-12 § 102-15. 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 five 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. Any costs incurred by the Village to abate the violation and/or restore the affected property or properties shall be the sole responsibility of the discharger. 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. § 102-16. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. § 102-17. Alternative remedies. A. Where a person has violated a provision of this chapter, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Village Attorney and concurrence of the SMO, where: (1) The violation was unintentional. (2) The violator has no history of previous violations of this chapter. (3) Environmental damage was minimal. (4) The violator acted quickly to remedy violation. (5) The 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; and (3) River, stream or creek cleanup activities. § 102-18. 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 chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/ or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Village of Buchanan, NY Downloaded from https://ecode360.com/NO1178 on 2025-06-12 § 102-19 ILLICIT DISCHARGE DETECTION AND ELIMINATION § 102-20 § 102-19. Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. § 102-20. Severability. The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter 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 chapter. P:\Village of Buchanan\Stormwater\Stormwater Laws\Chapter 102 Illicit Discharge Detection and Elimination 2025-06-13.docx Village of Buchanan, NY Downloaded from https://ecode360.com/BU0230 on 2025-06-12 Chapter 166 STORMWATER MANAGEMENT § 166-1. Title. § 166-10. Suspension of access to MS4. § 166-2. Purpose; objectives; legislative authority. § 166-11. Industrial or construction activity discharges. § 166-3. § 166-4. § 166-5. Applicability. Responsibility for § 166-12. § 166-13. Access to facilities; monitoring of discharges. Notification of spills. § 166-6. administration. Prohibited discharges and connections; exceptions. § 166-14. § 166-15. Enforcement; penalties for offenses. Appeal of notice of violation. § 166-7. § 166-8. Failing individual sewage treatment systems. Prohibition against activities § 166-16. § 166-17. § 166-18. Corrective measures. Injunctive relief. Alternative remedies. contaminating stormwater. § 166-9. Prevention, control and reduction of stormwater pollutants. § 166-19. Violations deemed public nuisance. § 166-20. Remedies not exclusive. [HISTORY: Adopted by the Board of Trustees of the Village of Buchanan 2-19-2008 by L.L. No. 7-2011. Amendments noted where applicable.] GENERAL REFERENCES Building construction — See Ch. 67. Environmental quality review — See Ch. 83. Flood damage prevention — See Ch. 97. Sewers — See Ch. 155. Steep slopes — See Ch. 165. Subdivision of land — See Ch. 171. Water — See Ch. 195. Wetlands — See Ch. 203. Zoning — See Ch. 211. § 166-1. Title. This chapter will be known as the "Village of Buchanan Pollutant Control Law." § 166-2. Purpose; objectives; legislative authority. A. The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the Village of Buchanan through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES general permit for municipal separate storm Village of Buchanan, NY Downloaded from https://ecode360.com/BU0230 on 2025-06-12 § 166-2 BUCHANAN CODE § 166-3 sewer systems. The objectives of this chapter are: (1) To meet the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02, 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 nonstormwater wastes; (3) To prohibit illicit connections, activities and discharges to the MS4; (4) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and (5) To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. B. Legislative authority. In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Village Board of Trustees of Buchanan has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Village of Buchanan and for the protection and enhancement of its physical environment. The Village Board of Trustees of Buchanan may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law. § 166-3. Definitions. As used in this chapter, unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms will have the meanings set forth below: BEST MANAGEMENT PRACTICES (BMPs) — Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. CONSTRUCTION ACTIVITY — 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. DESIGN PROFESSIONAL — 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 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: Village of Buchanan, NY Downloaded from https://ecode360.com/BU0230 on 2025-06-12 § 166-3 STORMWATER MANAGEMENT § 166-3 A. Any conveyances which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater, and wash water, to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or B. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. ILLICIT DISCHARGE — Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 166-6 of this chapter. INDIVIDUAL SEWAGE TREATMENT SYSTEM — A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law. 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. MUNICIPALITY — The Village of Buchanan. 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): A. Owned or operated by the Village of Buchanan; B. Designed or used for collecting or conveying stormwater; C. Which is not a combined sewer; and D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. NONSTORMWATER DISCHARGE — Any discharge to the MS4 that is not composed entirely of stormwater. NYSDEC — The New York State Department of Environmental Conservation. 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 — A. 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 Village of Buchanan, NY Downloaded from https://ecode360.com/BU0230 on 2025-06-12 § 166-3 BUCHANAN CODE § 166-5 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. B. 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. C. 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 the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. D. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under 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 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 NYSDEC 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 Village of Buchanan to enforce this chapter. 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 NYSDEC as required by Section 303(d) of the Clean Water Act.1 303(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 water body so as not to impair uses of the water, allocated among the sources of that pollutant. WASTEWATER — Water that is not stormwater, is contaminated with pollutants and is or will be discarded. § 166-4. Applicability. This chapter shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 1. Editor's Note: See 33 U.S.C. § 1313(d). Village of Buchanan, NY § 166-5 STORMWATER MANAGEMENT § 166-7 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 § 166-5. Responsibility for administration. The Stormwater Management Officer(s) [SMO(s)] shall administer, implement, and enforce the provisions of this chapter. 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. § 166-6. Prohibited discharges and connections; exceptions. 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 § 166-6A(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 chapter, unless the NYSDEC or the municipality has determined them to be substantial contributors of pollutants: waterline flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this chapter. (3) Dye testing in compliance with applicable state and 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 NYSDEC, 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 chapter if the person connects a line conveying sewage to the municipality's MS4 or allows such a connection to continue. Village of Buchanan, NY § 166-7 BUCHANAN CODE § 166-9 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 § 166-7. Failing individual sewage treatment systems. No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality's MS4. A "failing individual sewage treatment system" is one which has one or more of the following conditions: A. The backup of sewage into a structure. B. Discharges of treated or untreated sewage onto the ground surface. C. A connection or connections to a separate stormwater sewer system. D. Liquid level in the septic tank above the outlet invert. E. Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section. F. Contamination of off-site groundwater. § 166-8. 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 § 166-3, Definitions, of this chapter. (3) Include failing individual sewage treatment systems as defined in § 166-7, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization. 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. § 166-9. Prevention, control and reduction of stormwater pollutants. A. Best management practices. (1) Where the SMO has identified illicit discharges as defined in § 166-3 or activities contaminating stormwater as defined in § 166-8, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities. (2) 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 nonstructural BMPs. (3) Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in § 166-3 or an activity contaminating stormwater as defined in § 166-8 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. Village of Buchanan, NY § 166-9 STORMWATER MANAGEMENT § 166-10 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 (4) 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. B. Individual sewage treatment systems: response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality being subject to the special conditions as defined in § 166-3 of this chapter, the owner or operator of such individual sewage treatment systems shall be required to: (1) Maintain and operate individual sewage treatment systems as follows: (a) Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee; (b) Avoid the use of septic tank additives; (c) Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and (d) Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items. (2) Repair or replace individual sewage treatment systems as follows: (a) In accordance with 10 NYCRR Appendix 75A, to the maximum extent practicable. (b) A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves: [1] Relocating or extending an absorption area to a location not previously approved for such. [2] Installation of a new subsurface treatment system at the same location. [3] Use of alternate system or innovative system design or technology. (c) A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system. § 166-10. Suspension of access to MS4. 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 chapter 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 Village of Buchanan, NY § 166-10 BUCHANAN CODE § 166-12 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 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. § 166-11. 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. § 166-12. Access to facilities; monitoring of discharges. A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this chapter, 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 chapter. B. Access to facilities. (1) The SMO shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance 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 chapter. (3) The municipality shall have the right to set up on any facility subject to this chapter such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge. (4) The municipality has the right to require the facilities subject to this chapter to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. 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 chapter is a violation of this chapter. A person who is the operator of a facility subject to this chapter commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter. (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 chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of Village of Buchanan, NY § 166-14 STORMWATER MANAGEMENT § 166-14 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 competent jurisdiction. C. Construction Inspection. (1) Erosion and Sediment Control Inspection. The Village of Buchanoan Stormwater Management OfficerSMO may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of Buchanon enforcement officialSMO at least 48 hours before any of the following as required by the Stormwater Management OfficerSMO: (a) Start of construction (b) Installation of sediment and erosion control measures (c) Completion of site clearing (d) Completion of rough grading (e) Completion of stormwater management practices (f) Completion of final grading (g) Close of the construction season (h) Completion of final landscaping (i) Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management OfficerSMO. (2) Stormwater Management Practice Inspections. The Village of Buchanon Stormwater Management OfficerSMO, is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit “as built” plans for any stormwater management practicesSMPs located on-site after final construction is completed. The as-built plan must show the final design specifications for all stormwater management facilities and must be certified by a New York State licensed professional engineer. (3) Inspection of Stormwater Facilities After Project Completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practicesSMPs. (4) Submission of Reports. The Village of Buchanon Stormwater Management OfficerSMO may require monitoring and reporting from entities subject to this law as are necessary to determine Village of Buchanan, NY § 166-14 STORMWATER MANAGEMENT § 166-14 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 compliance with this lawchapter. (5) Right-of-Entry for Inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Village of Buchanon- the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in paragraph 1.3this chapter. § 166-13. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person 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 nonhazardous 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. § 166-14. Enforcement; penalties for offenses. 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 chapter, 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 chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 Village of Buchanan, NY § 166-14 STORMWATER MANAGEMENT § 166-14 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 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 chapter 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. § 166-15. Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the SMO to the Village Board of Trustees within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the Municipal Clerk and mail a copy of its decision by certified mail to the discharger. § 166-16. Corrective measures. 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 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. § 166-17. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. § 166-18. Alternative remedies. A. Where a person has violated a provision of this chapter, 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 previous violations of this chapter. (3) Environmental damage was minimal. (4) The violator acted quickly to remedy the violation. (5) The violator cooperated in the 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 Village of Buchanan, NY § 166-19 BUCHANAN CODE § 166-20 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 § 166-19. Violations deemed 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 chapter is a threat to public health, safety and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. § 166-20. Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. Village of Buchanan, NY § 166-19 STORMWATER MANAGEMENT § 166-20 Downloaded from https://ecode360.com/BU0230 on 2025-06-12 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Project Location (describe, and attach a location map): E-Mail: State: 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2. Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: NO YES 3. a. Total acreage of the site of the proposed action? c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify): □ Forest Agriculture □ Parkland Village Code Updates Village of Buchanan Code amendments to Section on Subdivision of Land and Site Development Plan approval related to state regulations on stormwater management. Village of Buchanan 914-737-1033 mserrano@buchananny.gov 236 Tate Avenue Buchanan NY   Village-wide NA 9.4+/-      5. a. b. NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for               14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? NO YES 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________    Bald Eagle, Northern Long-e...       Former IPEC Site Village of Buchanan 7-7-25 Village Planner PRINT FORM EAF Mapper Summary Report Monday, July 7, 2025 2:04 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources to confirm data provided by the Mapper or to obtain data not provided by the Mapper. Part 1 / Question 7 [Critical Environmental Area] No Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] No Part 1 / Question 12b [Archeological Sites] Yes Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Yes - Digital mapping information on local, New York State, and federal wetlands and waterbodies is known to be incomplete. Refer to the EAF Workbook. Part 1 / Question 15 [Threatened or Endangered Animal] Yes Part 1 / Question 15 [Threatened or Endangered Animal - Name] Bald Eagle, Northern Long-eared Bat, Shortnose Sturgeon, Atlantic Sturgeon Part 1 / Question 16 [100 Year Flood Plain] Yes Part 1 / Question 20 [Remediation Site] Yes Short Environmental Assessment Form - EAF Mapper Summary Report