Southtowns Record

Village Board agenda — May 4, 2026

Government
Village of East Aurora
Board
Village Board
Meeting
May 4, 2026
Kind
Agenda
Topics
Water, sewer and drainage, Zoning and land use, Public safety, Budget and taxes, Parks and recreation, Roads and traffic, Audits and oversight, Moratoriums, Energy and data center siting, Short-term rentals, Housing

Original document

Same meeting

Text · page 148 of 240

Read the whole document on one page (all 240 pages, each with its own heading)

A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of
  this article, or whenever the authorized enforcement agency has cause to believe that there exists, or
  potentially exists, in or upon any premises any eondition whieh eonstitutes a violation ofthis article.

B. Access to facilities.

  (I) The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as
  often as may be necessary to detenn ine compliance with this article. 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 article.

  (3) The Village shall have the right to set up on any facility subject to this aiiicle 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 Village has the right to require the facilities subject to this miicle to install monitoring equipment
  as is reasonably necessary to determine compliance with this article. 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 measme stormwater flow and quality shall be
  calibrated to ensure their accuracy.

  (5) An unreasonable delay in allowing the SMO access to a facility subject to this article is a violation of
  this article. A person who is the operator of a facility subject to this a1ticle commits an offense if the
  person denies the SMO reasonable access to the facility for the purpose of conducting any activity
  authorized or required by this article.

  (6) lfthe 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 article,
  or that there is a need to inspect and/or sample as pati of a routine inspection and sampling program
  designed to verify compliance with this article or any order issued hereunder, then the SMO may seek
  issuance of a search warrant from any court of competent jurisdiction.

§ 205-63. 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 is 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 sha ll 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 Village in person or by telephone or facsimile no later than the next
business day. Notifications in person or by telephone sha ll 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.
§ 205-64. Enforcement; penalties for offenses.

  Page 7 of JO

  60