§ 823.11. Connection Permits.

1.

Permits Required. A permit is required for: (a) all connections to the County's MS4; and (b) any non-stormwater discharge to the County's MS4, unless such discharge is expressly exempt under Section 823.05 of this Chapter.

2.

Permit Types:

a.

General Permit. An authorization for any connection to the County's MS4, as well as for the discharge of any non-stormwater to the County's MS4, unless such discharge is expressly exempt under Section 823.05 of this Chapter, from properties occupied by private dwellings;

b.

Special Permit. An authorization for any connection to the County's MS4, as well as for the discharge of any non-stormwater to the County's MS4, unless such discharge is expressly exempt under Section 823.05 of this Chapter, from all properties occupied by other than private dwellings;

c.

Municipal Permit. An authorization for any connection to the County's MS4, as well as for the discharge of any non-stormwater to the County's MS4, unless such discharge is expressly exempt under Section 823.05 of this Chapter, from a local MS4 authorized under a NYSDEC SPDES Permit.

3.

Application Requirements. Any connection to the County's MS4 requires a permit issued by the Commissioner. Applications for permits shall be made on forms provided by the Department of Public Works and Transportation. Permit applications shall be supplemented by any plans, specifications, analyses, calculations or other information considered pertinent by the Commissioner.

4.

Best Management Practices for Water Quality and Quantity. Before approving a connection, the County will require applicants to use on-site best management practices to mitigate stormwater and other authorized non-stormwater discharges to the maximum extent practicable. The Department of Public Works and Transportation will use the latest versions of the NYS Stormwater Management Design Manual, as amended or replaced, and all other appropriate policies, standards and guidelines, such as those used in conjunction with the administration of the County Stream Channel Control Law, to assess the adequacy of the applicant's on-site stormwater disposal management practices for both water quality and quantity.

5.

Permit Fees. Fees shall be paid to the Department of Public Works and Transportation upon submission of an application for a permit in accordance with rules and regulations adopted by the Commissioner pursuant to subsection 3 of Section 823.06 of this Chapter.

6.

Inspection. All work related to the construction of approved connections to the County's MS4 shall be subject to the approval of and inspection by the County. The applicant must notify the Department of Public Works and Transportation at least 48 hours prior to commencing work and at least 48 hours prior to final completion.

7.

Indemnification. The property owner shall indemnify and hold the County harmless from any loss, damage or expense, claims or suits arising out of and in connection with the installation and connection to the County's MS4. In addition, the County makes no guarantee that its MS4 will not become surcharged or otherwise overburdened and that water from the MS4 will not back-up through the connection onto the owner's property. By making a connection, the applicant/owner assumes all of the risk and liability that may arise from it.

8.

Permit Transfers. Permits may be transferred with the sale of a residential property, provided that the use, including, but not limited to, volume of generated flows and types of discharges, does not change, and further provided that the name of the new owner is given to the Department. The new property owner shall comply with the terms and conditions of the transferred permit. Permits for land uses other than residential are not transferable without approval of the Commissioner.

9.

Work within County Roads. Any connection made within or involving work within a County road will also comply with and be subject to the latest version of any applicable rules and regulations of the Department of Public Works and Transportation. A permit or approval issued under this Chapter does not relieve the applicant from the obligation to secure permits required pursuant to such rules and regulations, including, but not limited to, County building, road, or stream permits.

10.

Individual Sewage Treatment Systems. Where individual sewage treatment systems are contributing to the County's MS4, subject to the Special Conditions as defined in this Chapter, the owner or operator of such individual sewage treatment systems will be required to obtain a connection permit and be subject to the provisions of Section 823.10 of this Chapter.

11.

Other Permits Required. A connection permit issued pursuant to this Chapter does not relieve the applicant from compliance with any other laws, ordinances, rules or regulations of any Federal, State, county, town, city, or village government agencies or other applicable public or private entities, including any requirements to obtain any other necessary permits, permissions, or approvals.

12.

Permit Termination or Modification. The Commissioner may terminate or periodically modify a permit when new regulations or changes to the County's existing MS4 SPDES permit, as issued by the NYSDEC under special conditions section, or as issued by other regulating agencies become effective.

(Added by L.L. No. 16-2010, § 1; amended by L.L. No. 19-2010, § 35)