Minutes
City of
REGULAR MEETING
The
regular meeting of the City of
Council Members Present: Clara
Lou Gould, Elizabeth Foster, Charles Kelly, Phil Shea, Steve Gold and Eleanor
Thompson.
Also in attendance were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Media represented by: Goldee
Greene, Beacon Free Press
Residents at beginning of
meeting: 20
Public Hearings:
1. To
Regulate the
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of
Beacon will hold a public hearing on Monday, October 1st, 2007 at
the City of Beacon Municipal Center, One Municipal Plaza, Beacon, New York at
7:30 p.m. or as soon thereafter as the matter is reached on the agenda, to
consider a proposed local law to Regulate
the Sale & Use of Outdoor Furnaces in the City of Beacon.
This local law would take effect immediately upon filing
with the Secretary of State.
Complete copies of the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Mayor
Clara Lou Gould: This hearing will be
adjourned because we are still waiting for information from the Building
Department.
Council
Member Steve Gold: I was asked by
Dennis Pavelock to read the following letter since he cannot be here this
evening:
To
the City Council:
I am writing this letter regarding the outdoor furnace
law. The price of crude is at or
near $100.00 Barrel. I would like
to see this proposed law be on an individual basis such as if there is a lot of
smoke then address that one issue and so on. How can the city "Regulate"
and control the "use of" heat for residences when oil, gas and
electric are way out of control.
Council Member Steve Gold: We are looking at property
that is one-half acre or larger.
Motion
to adjourn hearing until information is received from the Building Department: Council Member Kelly. Seconded: Council Member Shea. All voted in favor. Motion carried.
2. Proposed Local Law – City of
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of
Beacon will hold a public hearing on Monday, November 19, 2007 at the City of
Beacon Municipal Center, One Municipal Plaza, Beacon, New York at 7:30 p.m. or
as soon thereafter as the matter is reached on the agenda, to consider a
proposed local law for Stormwater
Management and Erosion & Sediment Control.
This local law would take effect immediately upon filing
with the Secretary of State.
Complete copies of the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Mayor Gould: This law is
required by the state to be passed by the end of this year.
Public Hearing
Comments: None
Motion to close Public
Hearing: Council Member Shea. Seconded: Council Member Gold. All voted in favor. Motion carried.
3. Proposed Local Law to Prohibit
Illegal Discharges, Activities and Connections to Separate Storm Water
System. Read by City Administrator
Joseph Braun.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of
Beacon will hold a public hearing on Monday, November 19, 2007 at the City of
Beacon Municipal Center, One Municipal Plaza, Beacon, New York at 7:30 p.m. or
as soon thereafter as the matter is reached on the agenda, to consider a
proposed local law to add a New Chapter to Beacon City Code entitled “Storm Sewer System Regulations to
Prohibit Illicit Discharges, Activities
and Connections.”
This local law would take effect immediately upon filing
with the Secretary of State.
Complete copies of the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Mayor Gould: This is one of those required by the end
of the year.
Public Hearing Comments: None
Motion to close Public
Hearing: Council Member Kelly. Seconded: Council Member Foster. All voted in favor. Motion carried.
4. A Local Law To Add A New Section To
Chapter 179 Sewer, Entitled, §179-12 Reimbursement To Homeowner For Damage
Caused By Sewage Entering The Home.
Read by City Administrator, Joseph Braun.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of
Beacon will hold a public hearing on Monday, November 19, 2007 at the City of
Beacon Municipal Center, One Municipal Plaza, Beacon, New York at 7:30 p.m. or
as soon thereafter as the matter is reached on the agenda, to consider a
proposed local law to Add A New Section
to Chapter 179, Sewer, for Reimbursement to Homeowner for Damage Caused by
Sewage Entering the Home.
This local law would take effect immediately upon filing
with the Secretary of State.
Complete copies of the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Public Hearing
Comments:
Resident with Sewage
Problem, George Mansfield, read the following comments:
I
strongly support the Local Law regarding city sewage entering the homes of
residents. I applaud the city for
recognizing its responsibility in keeping homes free of contamination due to
negligence and unforeseen circumstances.
I
hope this resolution will prevent others from having to suffer the insults
piled upon injuries that my wife and I have experienced these last six years.
I
hope the future administration will keep the health safety and security of its
residents a higher priority than its bottom line.
I'd
like to thank those in the administration who have supported and promoted this
legislation. I have found that
sympathy without action is worthless.
I
would also like to thank the city for recently accepting full responsibility
and liability for the sewage food in my home last April. With this legislation the city
proactively accepts responsibility and protects its residents from unnecessary
suffering. I hope we can come to a
reasonable settlement.
I
would like to know what, if any, concrete plans there are to address my problem
in the immediate future. Mr. Braun
indicated three weeks ago that he would be sending the engineers and water
department to my home to inspect. I
have yet to hear from him again regarding this.
No further comments.
Motion to close Public
Hearing: Council Member
Foster. Seconded: Council Member Kelly. All voted in favor. Motion carried.
Community
Segment: None.
Mayor Clara Lou Gould asked for a motion to approve
the Council Meeting Minutes for the following:
Council
Meeting – 11/05/07
Motion to approve
minutes: Council Member Kelly. Seconded: Council Member Shea. All voted in favor. Motion carried.
Reports:
Text from the
following reports for
Mayor's Communications
read by Mayor Clara Lou Gould
City Administrator
Joseph Braun read his Report of Activities
City Attorney, Gerard
Pisanelli gives his Report of Activities on the 1st Meeting of the Month
Mayor Clara Lou Gould
read her Report of Activities
Council Members read
their Reports of Activities
First
Clark
Gebman,
Perry
Pendleton: Is there any transfer of
funds for Hiddenbrooke that the public does not know about?
No further comments:
UNFINISHED BUSINESS:
Resolutions:
Local Laws And
Ordinances:
1. Resolution No. 173 of 2007 - Local Law
No. 13 of 2007 – City of
A Local Law to Amend the City of Beacon Code to add a new Chapter 189 entitled
“Storm Sewer System Regulations to Prohibit Illicit Discharges,
Activities and Connections”
SECTION 1. PURPOSE/INTENT.
The purpose of this law is to provide for the
health, safety, and general welfare of the citizens of the City of
1.1 To
meet the requirements of the SPDES General Permit for Stormwater Discharges
from MS4s, Permit no. GP-02-02 or as amended or revised;
1.2 To
regulate the contribution of pollutants to the MS4 since such systems are not
designed to accept, process or discharge non-stormwater wastes;
1.3 To
prohibit Illicit Connections, Activities and Discharges to the MS4;
1.4 To
establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this law; and
1.5 To
promote public awareness of the hazards involved in the improper discharge of
trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil,
petroleum products, cleaning products, paint products, hazardous waste,
sediment and other pollutants into the MS4.
SECTION 2. DEFINITIONS.
Whenever used in this law, unless a different
meaning is stated in a definition applicable to only a portion of this law, the
following terms will have meanings set forth below:
2.1 Best
Management Practices (BMPs). Schedules of activities, prohibitions of practices,
general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or
reduce the discharge of pollutants directly or indirectly to stormwater,
receiving waters, or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials storage.
2.2 Clean
Water Act. The Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments
thereto.
2.3 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.
2.4 Department. The New York State Department of
Environmental Conservation.
2.5 Design
professional.
2.6 Hazardous
Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or
the environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
Illicit Connections. Any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to enter the
MS4, including but not limited to:
1. Any
conveyances which allow any non-stormwater discharge including treated or
untreated sewage, process wastewater, and wash water to enter the MS4 and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
2. Any
drain or conveyance connected from a commercial or industrial land use to the
MS4 which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
2.8 Illicit
Discharge. Any direct or indirect non-stormwater discharge to the MS4, except
as exempted in Section 6 of this law.
2.9 Individual
Sewage Treatment System. A facility serving one or more parcels of land or
residential households, or a private, commercial or institutional facility,
that treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required under
the applicable provisions of Article 17 of the Environmental Conservation Law.
2.10 Industrial
Activity. Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
2.11 MS4.
Municipal Separate Storm Sewer System.
2.12 Municipal
Separate Storm Sewer System. A conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
1. Owned or
operated by the City of
2. Designed
or used for collecting or conveying stormwater;
3. Which is
not a combined sewer; and
4. Which is
not part of a Publicly Owned Treatment Works (POTW) as defined at
40CFR 122.2
2.13 Municipality.
The City of
2.14 Non-Stormwater
Discharge. Any discharge to the MS4 that is not composed entirely of
stormwater.
2.15 Person.
Any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the
owner’s agent.
2.16 Pollutant.
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or
untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand and industrial, municipal, agricultural waste and ballast
discharged into water; which may cause or might reasonably be expected to cause
pollution of the waters of the state in contravention of the standards.
2.17 Premises.
Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
2.18 Special
Conditions.
1. Discharge Compliance with Water Quality
Standards. The condition that applies
where a municipality has been
notified that the discharge of stormwater authorized under their MS4 permit may
have caused or has the reasonable potential to cause or contribute to the
violation of an applicable water quality standard. Under this condition the
municipality must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
2. 303(d) Listed Waters. The condition in
the municipality’s MS4 permit that applies
where the MS4 discharges to a
303(d) listed water. Under this condition the stormwater management program
must ensure no increase of the listed pollutant of concern to the 303(d) listed
water.
3. Total Maximum Daily Load (TMDL)
Strategy. The condition in the municipality’s
MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved by EPA for
a waterbody or watershed into which the MS4 discharges. If the discharge from
the MS4 did not meet the TMDL stormwater allocations prior to September 10,
2003, the municipality was required to modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in the TMDL is
achieved.
4. The
condition in the municipality’s MS4 permit that applies if a TMDL is
approved in
the future by EPA for any waterbody or watershed into
which an MS4 discharges. Under this condition the municipality must review the
applicable TMDL to see if it includes requirements for control of stormwater
discharges. If an MS4 is not meeting the TMDL stormwater allocations, the
municipality must, within six (6) months of the TMDL’s approval, modify
its stormwater management program to ensure that reduction of the pollutant of
concern specified in the TMDL is achieved.
2.19 State
Pollutant Discharge Elimination System (SPDES) Stormwater Discharge Permit. A
permit issued by the Department that authorizes the discharge of pollutants to
waters of the state.
2.20 Stormwater.
Rainwater, surface runoff, snowmelt and drainage.
2.21 Stormwater
Management Officer (SMO). An employee or other public official(s) designated by
the City of
2.22 303(d)
List. A list of all surface waters in the state for which beneficial uses of
the water (drinking, recreation, aquatic habitat, and industrial use) are
impaired by pollutants, prepared periodically by the Department as required by
Section 303(d) of the Clean Water Act. 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.
2.23 TMDL.
Total Maximum Daily Load.
2.24 Total
Maximum Daily Load. The maximum amount of a pollutant to be allowed to be
released into a waterbody so as not to impair uses of the water, allocated
among the sources of that pollutant.
2.25 Wastewater.
Water that is not stormwater, is contaminated with pollutants and is or will be
discarded.
SECTION 3. APPLICABILITY.
This law shall apply to all water entering the MS4
generated on any developed and undeveloped lands unless explicitly exempted by
an authorized enforcement agency.
SECTION 4. RESPONSIBILITY FOR ADMINISTRATION.
The Stormwater Management Officer(s) (SMO(s)) shall
administer, implement, and enforce the provisions of this law. Such powers
granted or duties imposed upon the authorized enforcement official may be
delegated in writing by the SMO as may be authorized by the municipality.
SECTION 5. SEVERABILITY.
The provisions of this law are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of this law or the
application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity shall not affect the other provisions or
application of this law.
SECTION 6. DISCHARGE PROHIBITIONS.
6.1 Prohibition
of Illegal Discharges. No person shall discharge or cause to be discharged into
the MS4 any materials other than stormwater except as provided in Section
6.1.1. The commencement, conduct or
continuance of any illegal discharge to the MS4 is prohibited except as
described as follows:
6.1.1 The
following discharges are exempt from discharge prohibitions established by this
local law, unless the Department or the municipality has determined them to be
substantial contributors of pollutants: water line flushing or other potable
water sources, landscape irrigation or lawn watering, existing diverted stream
flows, rising ground water, uncontaminated ground water infiltration to
stormdrains, uncontaminated pumped ground water, foundation or footing drains,
crawl space or basement sump pumps, air conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance wit h an appropriate plan for reducing pollutants.
6.1.2 Discharges
approved in writing by the SMO to protect life or property from imminent harm
or damage, provided that, such approval shall not be construed to constitute
compliance with other applicable laws and requirements, and further provided
that such discharges may be permitted for a specified time period and under
such conditions as the SMO may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this local law.
6.1.3 Dye testing
in compliance with applicable state and local laws is an allowable discharge,
but requires a verbal notification to the SMO prior to the time of the test.
6.1.4 The
prohibition shall not apply to any discharge permitted under an SPDES permit,
waiver, or waste discharge order issued to the discharger and administered
under the authority of the Department, provided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the MS4.
6.2 Prohibition
of Illicit Connections.
6.2.1 The
construction, use, maintenance or continued existence of illicit connections to
the MS4 is prohibited.
6.2.2 This
prohibition expressly includes, 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.
6.2.3 A
person is considered to be in violation of this local law if the person
connects a line conveying sewage to the municipality’s MS4, or allows
such a connection to continue.
SECTION 7. PROHIBITION AGAINST FAILING INDIVIDUAL
SEWAGE TREATMENT SYSTEMS
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:
7.1 The
backup of sewage into a structure.
7.2 Discharges
of treated or untreated sewage onto the ground surface.
7.3 A
connection or connections to a separate stormwater sewer system.
7.4 Liquid
level in the septic tank above the outlet invert.
7.5 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.
7.6 Contamination
of off-site groundwater.
SECTION 8. PROHIBITION AGAINST ACTIVITIES
CONTAMINATING STORMWATER
8.1 Activities
that are subject to the requirements of this section are those types of
activities that:
8.1.1 Cause or contribute to a
violation of the municipality’s MS4 SPDES permit.
8.1.2 Cause or
contribute to the municipality being subject to the Special Conditions as
defined in Section 2 (Definitions) of this local law.
8.2 Such
activities include failing individual sewage treatment systems as defined in
Section 7, improper management of pet waste or any other activity that causes or
contributes to violations of the municipality’s MS4 SPDES permit
authorization.
8.3 Upon
notification to a person that he or she is engaged in activities that cause or
contribute to violations of the municipality’s MS4 SPDES permit
authorization, that person shall take 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.
SECTION 9. REQUIREMENT TO PREVENT, CONTROL, AND
REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
9.1 Best
Management Practices Where the SMO has identified illicit discharges as defined
in Section 2 or activities contaminating stormwater as defined in Section 8 the
municipality may require implementation of Best Management Practices (BMPs) to
control those illicit discharges and activities.
9.1.1 The
owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the MS4 through the use of structural and
non-structural BMPs.