Last Updated 08/20/2026
NEW ROCHELLE ORDINANCE EXCERPTS
Illicit Discharges
Discharge Prohibitions
No person shall discharge or cause to be discharged into the municipal Storm Drain System any materials other than stormwater, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
The commencement, conduct or continuance of any Illegal Discharge to the Storm Drainage System is prohibited except as described as follows:
- Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, typically less than one PPM chlorine), fire-fighting activities, and any other water source not containing Pollutants;
- Discharges specified in writing by the Authorized Enforcement Agency as being necessary to protect public health and safety;
- Dye testing, but only with a verbal notification to the Authorized Enforcement Agency prior to the time of the test; and
- Any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, 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 storm drain system.
Prohibition of Illicit Connections.
(1) The construction, use, maintenance or continued existence of Illicit Connections to the Storm Drain System is prohibited.
(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.
(3) A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
Suspension of MS4 Access
Suspension due to Illicit Discharges in Emergency Situations.
The Building Official or Commissioner of Public Works may, without prior notice, suspend discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons.
Suspension due to the Detection of Illicit Discharge.
(1) Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Agency within 10 days of such notice for a reconsideration and hearing.
(2) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the Authorized Enforcement Agency.
Monitoring of Discharges Access to Facilities.
(1) The Building Official shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. 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 representatives of the authorized enforcement agency.
(2) Facility operators shall allow the Building Official ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(3) The Building Official shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(4) The Building Official has the right to require the discharger to install monitoring equipment as necessary. 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 measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Building Official and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the Building Official access to a permitted facility are a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with Industrial Activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(7) If the Building Official 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 chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
Maintenance and Inspection Requirements. After Construction.
- Prior to the issuance of any approval that includes permanent stormwater management practices (“SMP”), the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners. The easement shall provide for access to the premises at reasonable times for periodic inspection by the City of New Rochelle to ensure that the SMP is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Corporation Counsel.
- The owner or operator of permanent SMP installed in accordance with this chapter shall ensure that it is operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
- A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
- Written procedures for operations and maintenance and training new maintenance personnel.
- Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations.
Maintenance Agreements.
The applicable approval authority shall approve a formal maintenance agreement binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The City of New Rochelle, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future SMP, provided such facilities meet all of the requirements of this chapter and includes adequate area, by easement or otherwise, for inspection and regular maintenance.
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Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in New Rochelle?
Post-construction stormwater management covers the ongoing responsibility to maintain stormwater management practices, or SMPs, on your property so they continue to achieve their original design standards, under the requirements set out in New Rochelle’s municipal code. If your property in New Rochelle has an SMP installed as part of a development or redevelopment project, keeping it functioning properly is a continuing obligation, not a one-time construction requirement. AQUALIS provides full post-construction stormwater management for property owners across New Rochelle, so systems stay compliant well after a project is finished.
What ongoing maintenance program does New Rochelle require for stormwater facilities?
New Rochelle requires property owners or operators to maintain a preventive and corrective maintenance program for all critical stormwater systems, supported by written operational and maintenance procedures and staff training protocols, all aimed at ensuring discharges from the facility meet design criteria without exceeding water quality standards. This is a formal, documented commitment, not just periodic upkeep. AQUALIS develops and manages these maintenance programs for New Rochelle property owners, keeping documentation and actual maintenance work aligned.
What is a maintenance easement agreement, and does it apply to my New Rochelle property?
Before a project is approved in New Rochelle, the property owner must execute a maintenance easement agreement that binds all future property owners and is recorded with the County Clerk. This means the maintenance obligation for a stormwater facility transfers automatically to a new owner when the property is sold, regardless of who was involved in the original construction. AQUALIS reviews existing maintenance easement agreements for New Rochelle property owners and manages the maintenance activity they require.
Where can property owners in New Rochelle get help with post-construction stormwater compliance?
Post-construction stormwater compliance in New Rochelle involves a documented maintenance program, a recorded maintenance easement agreement, controls on street discharge, restrictions on what can enter the storm drain system, and open access for city inspections. Managing all of this without dedicated stormwater staff is difficult for most property owners. AQUALIS offers complete post-construction stormwater management for New Rochelle property owners, covering maintenance, inspections, and non-compliance resolution, so owners can meet the city’s requirements without managing the process themselves.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
