Hempstead, NY Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing law
- Ch. 161, Illicit Discharges (L.L. No. 77-2010)
- Enforcing agency
- Stormwater Management Officer (SMO)
- First-offense fine
- Up to $350 plus up to 6 months jail
- Repeat-offense fine
- $350-$1,000 within a 5-year window
- Spill notice deadline
- Next business day, immediate if hazardous
- Appeal window
- 15 days from notice of violation
- Applies to
- All water entering the MS4, any land
Summary
The Town of Hempstead bans dumping anything but stormwater into its municipal storm sewer system (MS4) under Chapter 161, adopted in 2010 to meet the state's SPDES General Permit for MS4s. The Stormwater Management Officer enforces the ban, can order cleanup, suspend a property's MS4 access in an emergency, and refer violations for fines up to $1,000.
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 § 161-6A. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Chapter 161, Illicit Discharges, was adopted by Local Law No. 77-2010, effective December 7, 2010, to keep pollutants out of the Town's municipal separate storm sewer system (MS4) and to meet the SPDES General Permit for Municipal Separate Storm Sewer Systems, Permit No. GP-02-02. Section 161-6 makes it unlawful to discharge or cause to be discharged into the MS4 anything other than stormwater, with a narrow list of exempt flows: water line flushing, landscape irrigation, uncontaminated groundwater infiltration, foundation and footing drains, air-conditioning condensate, dechlorinated pool discharges, residential car washing, and firefighting water, among others, provided they are not found to be substantial pollutant sources.
The Town's Stormwater Management Officer administers the chapter under Section 161-4, can require dischargers to install monitoring equipment and grant inspectors access to any facility under Section 161-12, and may suspend a property's MS4 access without prior notice under Section 161-10 when a discharge poses an imminent danger. Under Section 161-13, anyone responsible for a spill that could reach the MS4 must notify the Town by the next business day, immediately via emergency dispatch if the material is hazardous, and keep a written record of the incident for three years.
A notice of violation under Section 161-14 can order elimination of the illicit connection, remediation of contaminated property, monitoring and reporting, and payment of a fine; unresolved abatement work is billed back to the violator. Violators may appeal an SMO notice of violation to the Town within 15 days under Section 161-15.
Violations & Fines
A first offense under Chapter 161 draws a fine up to $350, up to six months in jail, or both. A second offense committed within five years of the first raises the fine to between $350 and $700; a third or later offense within that five-year window raises it to between $700 and $1,000. Each week a violation continues is a separate offense, and for jurisdictional purposes these violations are treated as misdemeanors.
Frequently Asked Questions
Can I wash my car in my driveway in Hempstead?
Who enforces Hempstead's stormwater rules?
What happens if I spot a spill that could reach a storm drain?
How much can a stormwater violation cost in Hempstead?
Sources & Official References
Other rules in Hempstead
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