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Clay, NY Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Regulated system
Municipal separate storm sewer system (MS4)
Enforcing officer
Stormwater Management Officer
Adopted
1-23-2008 by L.L. No. 1-2008
First-offense fine
Up to $350 or 6 months jail
3rd+ offense (5 yrs)
$700 to $1,000
Appeal window
15 days to Town Board

Summary

The Town of Clay bars discharging anything but stormwater into its municipal separate storm sewer system (MS4) under Town Code § 186-6A, adopted by Local Law No. 1-2008 to meet the state's SPDES stormwater permit for the town's drains, catch basins and ditches.

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 § 186-6A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited, except as described as follows:

Full Breakdown

Chapter 186, Storm Sewers, adopted 1-23-2008 by Local Law No. 1-2008, exists so the Town of Clay can comply with its SPDES General Permit for Municipal Separate Storm Sewer Systems, GP-02-02, under § 186-1. Section 186-6A prohibits discharging any material other than stormwater into the MS4, with listed exceptions such as water line flushing, lawn watering, groundwater infiltration, footing drains, air-conditioning condensate and dechlorinated pool discharges; § 186-6B separately bans illicit connections, including any line carrying sewage into the MS4. The town's Stormwater Management Officer (SMO) administers and enforces the chapter under § 186-4 and can suspend a discharger's MS4 access in an emergency under § 186-9.

Anyone who discovers a spill of hazardous material must notify emergency dispatch immediately, and a nonhazardous release must be reported to the town by the next business day, confirmed in writing within three days, with records kept three years, under § 186-12. A violation triggers a written notice of violation under § 186-13A, appealable to the Town Board within 15 days under § 186-14. Penalties under § 186-13B run from a fine up to $350 or six months in jail for a first offense, $350 to $700 for a second offense within five years, and $700 to $1,000 for a third or later offense within five years, with each week of continued violation counted as a separate offense; violations are also deemed a public nuisance under § 186-18.

Violations & Fines

Discharging anything other than stormwater into Clay's MS4, or maintaining an illicit connection to it, violates § 186-6. After a written notice of violation under § 186-13, a first offense is punishable by a fine up to $350 or up to six months in jail; a second offense within five years carries $350 to $700; a third or later offense within five years carries $700 to $1,000, with each continued week a separate offense.

Frequently Asked Questions

What can't I put down a storm drain in Clay, NY?
Anything other than stormwater. Town Code § 186-6A prohibits discharging any material into the town's municipal separate storm sewer system except the stormwater, snowmelt and drainage the system is designed to carry, unless it falls under a listed exemption such as water line flushing, dechlorinated pool water or firefighting runoff.
Who enforces Clay's stormwater ordinance?
The town's Stormwater Management Officer administers and enforces Chapter 186 under § 186-4, including issuing written notices of violation under § 186-13. A person served with a notice can appeal to the Town Board within 15 days under § 186-14.
What are the fines for illegal discharges into Clay's storm sewers?
Under § 186-13B, a first offense carries a fine up to $350 or up to six months in jail. A second offense within five years runs $350 to $700, and a third or later offense within five years runs $700 to $1,000; each week a violation continues counts as a separate offense.

Sources & Official References

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