§ 172-8. Prevention, control and reduction of stormwater pollutants.

A. 

Where the SMO has identified an illicit discharge, as defined in § 172-2 of this chapter, or activities contaminating stormwater, as defined in § 172-7 of this chapter, the SMO may require implementation of best management practices (BMPs) to control such Illicit Discharge and/or activities.

B. 

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.

C. 

Any person responsible for a property or premises which is, or may be, the source of an illicit discharge or an activity contaminating stormwater may be required to implement, at such person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollution to the MS4.

D. 

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.

E. 

Where an individual sewage treatment system is contributing to the Town being subject to the special conditions, as defined in § 172-2 of this chapter, the owner or operator of such individual sewage treatment system shall be required to:

(1) 

Maintain and operate individual sewage treatment systems as follows:

(a) 

Have the septic tank inspected annually by a design professional 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 SMO at the completion of construction of the repair or replacement system.