§ 308-1 Purpose, intent and findings.
§ 308-7 Illicit connections prohibited.
§ 308-8 Activities contaminating stormwater prohibited.
§ 308-9 Use of best management practices.
§ 308-10 Suspension of access to system; illicit discharges in emergency situations.
§ 308-11 Industrial or construction activity discharges.
§ 308-12 Access to facilities and monitoring of discharges.
§ 308-13 Notification of spills.
§ 308-15 Appeal of notice of violation.
§ 308-16 Corrective measures after appeal.
§ 308-17 Penalties for offenses.
§ 308-20 Remedies not exclusive.
§ 308-22 Compliance with environmental regulations.
§ 308-23 Conflict with other regulations.
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the County of Ulster through the regulation of stormwater and nonstormwater discharges, as regulated hereunder, to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order for the County of Ulster to comply with requirements of the SPDES general permit for municipal separate storm sewer systems.
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.
This Legislature finds and determines that the regulation of nonstormwater discharges to the County-owned municipal separate storm sewer system, to the maximum extent practicable, is essential to protect the health, safety and general welfare of the citizens of Ulster County.
This Legislature further finds and determines that controlling the introduction of polluted stormwater and nonstormwater pollutants into the County-owned municipal separate storm sewer system is critical in order to comply with requirements of the state Pollution Discharge Elimination System General Permit No. GP-02-02 for municipal separate storm sewer systems.
In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article which is deemed to be an imminent threat to public health, safety, and/or welfare may further be declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such violation and/or nuisance may be taken in accordance with the procedures set forth within this article.
This article shall apply to all MS4 designated areas situate within the County of Ulster.
Any stormwater runoff from farm operations and other nonpoint source agriculture and agricultural uses, but not discharges from concentrated animal feeding operations as defined in 40 CFR 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24.
All agricultural operations and activities related to a farm operation, as such term is defined in § 301, Subdivision 11, of the Agriculture and Markets Law (AML) or governed by the AML of the State of New York and the guidelines and opinions issued by the New York State Commissioner of Agriculture and Markets to the extent that such practices are consistent with 6 NYCRR 663.2 and not excluded thereby.
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. Best management practices also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01 and GP-02-02, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres unless otherwise excluded from regulation under GP-02-01 and/or GP-02-02. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, manholes, gutters, ditches, man-made channels, or storm drains) owned or operated by the County of Ulster which includes roads, infrastructure and facilities designed or used for collecting or conveying stormwater that is not a combined sewer and which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. A copy of a listing of County-owned roads and properties shall be included herein as Exhibit A and a copy shall be kept on file with the Clerk of the Ulster County Legislature. Said listing shall include any and all new roadways and County-owned properties as required under the MS4 regulations.
The Ulster County Department of Public Works is the County department of which the Stormwater Management Office forms a part in accordance with the provisions of this article.
Any addition or introduction of any pollutant, stormwater, or any other regulated substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States.
Any person, as defined herein, who causes, allows, permits, or is otherwise responsible for a discharge into a municipal storm sewer.
The Environmental Protection Agency of the United States of America.
Any lands and appurtenances, including but not limited to construction sites, required by the Federal Clean Water Act to have a permit to discharge stormwater associated with industrial activity and/or any other regulated activity.
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Any drain or conveyance connected from a commercial or industrial land use to the County-owned municipal separate storm sewer system that has not been documented in plans, maps, or equivalent records and lawfully approved by an authorized enforcement agency.
Any direct or indirect regulated nonstormwater discharge to the County-owned municipal separate storm sewer system, except as exempted in § 308-6 of this article.
A County of Ulster appeals board consisting of, at minimum, one representative of each of the following departments and which representatives shall be appointed by the department heads of each of the departments so designated: the Department of the Environment, the Department of Health and the Planning Department. Said Board shall follow the procedures set forth within § 308-15 of this article.
Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
The system of conveyances (including but not limited to sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and/or operated and/or maintained by the County and designed or used for collecting or conveying stormwater.
Any source of any discharge that is not a point source.
Any discharge to the County-owned municipal separate storm sewer system that is not composed entirely of stormwater.
They have such operational control as to those activities at the site necessary to ensure compliance with SWPPP requirements and any related permit conditions.
Any individual, association, organization, partnership, firm, company, corporation, trust, estate, governmental entity (including the County of Ulster), or other entity recognized by law and acting as either the owner or as the owner's agent. This term shall also include owners, operators, dischargers and all other entities as set forth within this article.
Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, fissure, container, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged and as regulated under this article and/or the Clean Water Act.
Includes, but is not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, hazardous waste, chemical wastes, biological materials, toxic materials, radioactive materials, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, recreational, regulated, and agricultural waste and other regulated wastes discharged into the municipal separate storm sewer system which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards set forth within this article and the Clean Water Act (33 U.S.C. § 1251 et seq.).
Any building, structure, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks, parking strips, roadways and other appurtenances.
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of illicit discharges into surface water, groundwater, subsurface soils, surface soils and/or by any other direct or indirect discharge which is made to the municipal separate stormwater sewer system (MS4), the waters of New York State and/or the waters of the United States.
The condition in the County-owned municipal separate storm sewer system permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which a County-owned municipal separate storm sewer system discharges. Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL's approval, modify its stormwater management program to take all necessary actions to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
The condition in the County-owned municipal separate storm sewer system permit that applies where the County-owned municipal separate storm sewer system discharges to a 303(d) listed water. Under this condition the County stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
The condition that applies where a municipality has been notified pursuant to this article that the discharge of stormwater authorized under its County-owned municipal separate storm sewer system permit may have caused, or has the reasonable potential to cause or contribute to, the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
The condition in the County-owned municipal separate storm sewer system permit where a TMDL, including requirements for control of stormwater discharges, has been approved by EPA for a water body or watershed into which the County-owned municipal separate storm sewer system discharges.
A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The County office that is responsible for administering, enforcing and promulgating regulations and fees pursuant to this article. Upon adoption of this article, said office shall be designated by the County Legislature as being a part of and organized as a division of and under the County of Ulster Department of Public Works, and the Stormwater Management Officer shall be appointed by the department head of the Ulster County Department of Public Works. Budgetary, employment and other customary administrative procedures associated with the Stormwater Management Office shall be the responsibility of the Ulster County Department of Public Works.
A person, persons, or other public official(s) designated by the Stormwater Management Office to monitor activities, inspect areas and enforce this article. The Stormwater Management Officer may also be designated to accept, review, and inspect stormwater pollution prevention plans, among his/her other responsibilities.
A plan required by a SPDES permit to discharge stormwater associated with regulated activities, including but not limited to industrial activities and construction, and which describes and provides for pollutants in stormwater discharges associated with regulated activities.
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
Any water that is not stormwater, is contaminated with pollutants and is or will be discarded. This term shall not include stormwater which is not contaminated by pollutants.
Editor's Note: Exhibit A is included as an attachment to this chapter.
Editor's Note: See 33 U.S.C. § 1313(d).
This article shall apply to all water entering the County-owned municipal separate storm sewer system within MS4 designated areas as generated on any developed and undeveloped lands unless explicitly exempted hereunder or unless explicitly exempted by the Department acting as the authorized enforcement agency.
The Stormwater Management Officer (SMO) shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon and granted to the authorized enforcement official may be delegated in writing by the Stormwater Management Officer as may be authorized by the Stormwater Management Office. Such written delegation shall be kept and maintained within the Stormwater Management Officer's files, and copies shall further be provided by the Stormwater Management Officer to the County Attorney. The Stormwater Management Office shall possess the authority to promulgate rules and regulations as necessary to administer, enforce and forward this article and its purposes, including but not limited to the institution and use of permits, forms, fees and other regulatory mechanisms to advance the purposes of this article.
No person shall discharge or cause to be discharged into the County-owned municipal separate storm sewer system any materials other than lawful discharges of stormwater, except as provided in § 308-6. The commencement, conduct or continuance of any illegal discharge to the County-owned municipal separate storm sewer system is prohibited except as described in § 308-6.
Waterline flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, agricultural stormwater runoff from lawful agricultural practices and any other water source not containing pollutants. In no event shall this article be read to create, permit or authorize agriculture discharge exemptions beyond those which are in effect pursuant to the Clean Water Act.
Discharges approved in writing by the Stormwater Management Officer to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the Stormwater Management Officer may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
Dye testing in compliance with applicable state and local laws.
Activities and uses essential to ensure emergency police, fire, and rescue functions and emergency response undertaken by either the County or by a nonprofit organization authorized by contract with the County to provide these public services; essential activities to promote public health, safety, and well-being of persons and property therein and to implement orders and regulations of the Ulster County Department of Health, the Ulster County Emergency Management Agency and/or the New York State Department of Health with notification to the County Stormwater Management Officer; and any actual and ongoing emergency activity which directly addresses an imminent threat to life, property or structures of any kind. Such emergency activities may include, but are not limited to, fire suppression operations, preventative or remedial activities related to mitigation, cleanup, or control of stormwater and/or the contamination or threatened contamination of groundwater and/or surface water, response to imminent floods, hurricanes and all other storms that follow established emergency response plans, firefighting and public health emergencies.
The prohibition shall not apply to any discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, 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 County-owned municipal separate storm sewer system. A lawfully issued SPDES permit shall constitute compliance with this subsection in all manner and respects, provided that the person and/or discharger to which the permit is issued is fully compliant therewith.
The construction, use, maintenance or continued existence of illicit connections to the County-owned municipal separate storm sewer system is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law and whether all lawful approvals were granted and/or regardless of whether the connection was previously unregulated pursuant to practices applicable or prevailing at the time of connection. A person is considered to be in violation of this article if the person illegally connects a line conveying sewage to the County-owned municipal separate storm sewer system or allows such an illegal connection to continue.
Activities are prohibited that cause or contribute to a violation of the County-owned municipal separate storm sewer system MS4 SPDES permit or cause or contribute to the County being subject to the special conditions as defined in § 308-2 of this article.
Upon written notification to a person that he is engaged in activities that cause or contribute to violations of the County-owned municipal separate storm sewer system SPDES permit authorization, that person shall, upon receipt of such notice, immediately take all reasonable actions to correct such activities such that he no longer causes or contributes to violations of the County's MS4 SPDES permit authorization.
Where the Stormwater Management Officer has identified illicit discharges as defined in § 308-2 or by way of activities contaminating stormwater as defined in § 308-8, the County may, among other remedies as set forth within this article, require the implementation of best management practices (BMPs) to control those illicit discharges and activities.
The owner or operator of a commercial or industrial establishment shall provide, at his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the County-owned municipal separate storm sewer system through the use of structural and nonstructural BMPs.
Any owner, discharger or operator or other person responsible for a property or premises which is or may be the source of an illicit discharge as defined in § 308-2 or an activity contaminating stormwater as defined in this article may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the County-owned municipal separate storm sewer system.
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial and/or other regulated activities shall be deemed compliance with the provisions of this section.
Imminent danger. The Stormwater Management Officer may, without prior notice, suspend County-owned municipal separate storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and/or substantial danger to the environment, to the health or welfare of persons, or to the County-owned municipal separate storm sewer system. The Stormwater Management Officer shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the Stormwater Management Officer may take such steps as deemed necessary to prevent or minimize damage to the County-owned municipal separate storm sewer system or to minimize and abate any and all danger to persons.
Suspension due to the detection of illicit discharge. Any person discharging to the County-owned municipal separate storm sewer system in violation of this article may have its County-owned municipal separate storm sewer system access terminated if such termination would abate or reduce an illicit discharge. The Stormwater Management Officer will notify an alleged violator in writing of the proposed termination of its County-owned municipal separate storm sewer system access and the reasons therefor. Within 15 days of the issuance of such notice, the alleged violator may petition the Stormwater Management Officer for a reconsideration and hearing. Access to the MS4 may be granted by the Stormwater Management Officer if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access to the MS4 may be denied if the Stormwater Management Officer determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates County-owned municipal separate storm sewer system access to premises terminated pursuant to this section without the prior approval of the Stormwater Management Officer or a court of competent jurisdiction.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form reasonably acceptable to the Stormwater Management Officer prior to the allowing of discharges to the County-owned municipal separate storm sewer system. Upon such proof being provided, the Stormwater Management Officer shall render his/her determination as to acceptability and shall provide the person with a written confirmation of such determination.
Applicability. This section applies to all facilities that the Stormwater Management Officer must inspect to enforce any provision of this article or whenever the authorized enforcement agency has probable cause to believe that there exists, or potentially exists, in or upon any premises, any condition that constitutes a violation of this article.
Access to facilities. Upon compliance with the requirements of this article, the Stormwater Management Officer shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine 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 reasonable and necessary arrangements to allow access to the Stormwater Management Officer.
Facility operators shall allow the Stormwater Management Officer 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.
Unreasonable delay in allowing the County access to a facility subject to this article is a violation of this article. A person who is the operator or owner or discharger of a facility subject to this article commits an offense if the person denies the Stormwater Management Officer reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
If the Stormwater Management Officer 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 part of such inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the Stormwater Management Officer may seek issuance of a search warrant from any court of competent jurisdiction.
Monitoring. Following any adjudicated violation of this article, the County shall have the right to set up on any facility subject to this article such devices as are necessary in the reasonable determination of the Stormwater Management Officer to conduct monitoring and/or sampling of the facility's stormwater discharge. In connection therewith, the County has the right to require the facilities subject to this article 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 or the owner at its own expense. All devices used to measure stormwater flow and quality shall be properly calibrated to ensure their accuracy, and proof of such calibration shall be furnished to the Stormwater Management Officer following request therefor.
Notwithstanding any 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 are resulting or may result in illicit discharges or pollutants discharging into the County-owned municipal separate storm sewer system, said person shall take such necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services and/or the County Stormwater Management Officer. In the event of a release of nonhazardous materials, said person shall notify the County Stormwater Management Officer in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the County 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 promptly provided to the Stormwater Management Officer and such records shall be retained on site for at least five years.
Order that all permits, approvals and/or authorizations be obtained, if lawfully permitted by statute, for any continuing discharges, practices and/or operations.
If abatement of a violation and/or restoration of affected property is ultimately required, written confirmation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be undertaken and completed by a designated County governmental agency or a County-retained contractor and all expenses thereof shall be charged to the discharger and/or the owner as the violator.
Prior notice shall not be required in the event that the Stormwater Management Officer reasonably determines that an imminent threat to life may exist as a result of the violation of this article.
Procedure. Any person receiving a notice of violation may appeal the determination of the Stormwater Management Officer within 15 days of its issuance. Said appeal shall be filed with the Stormwater Management Officer, who shall transmit his original findings and the appeal to the Illicit Discharge Board of Appeals, which shall consist of one representative of each of the following County departments: the Department of the Environment, the Department of Health and the Planning Department. Such Board members shall be appointed by the department heads of each of the foregoing agencies. The Illicit Discharge Board of Appeals shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its written decision, file its decision in the office of the County Clerk and mail a copy of its decision by certified mail to the discharger.
Relief. Persons who may be individually, jointly or severally aggrieved by any determination made by the Stormwater Management Officer and/or the Appeals Board may apply to the Supreme Court of the State of New York for review of such decision under Article 78 of the Civil Practice Laws and Rules of the State of New York.
If an appeal under this article has been pursued and the violation has not been corrected pursuant to the requirements set forth in the notice of violation which has been administratively adjudicated under this article, then within five business days of the decision of the County authority upholding the decision of the Stormwater Management Officer, the Stormwater Management Officer shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
If refused access to the subject private property, the Stormwater Management Officer may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property and make any and all determinations which are authorized pursuant to this article. Upon determination that a violation has occurred and/or is continuing, the Stormwater Management Officer may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger as set forth within § 308-14.
Nothing in this section shall be read to limit, abrogate or otherwise affect the authority possessed by the Stormwater Management Officer pursuant to § 308-10A of this article.
Administrative sanctions. Any person who violates the provisions of this article, including any provision of any authorization issued, any condition set or fee required pursuant to this article, shall be liable to the County of Ulster for a civil penalty of not more than $3,000 for every such violation. Each consecutive day of the violation will be considered a separate offense. Such civil penalty may be recovered in any action brought by the County at the request and in the name of the County in any court of competent jurisdiction. Such civil penalty may be released or compromised by action of the County, and any action commenced to recover the same may be settled and discontinued by the County. Any such penalty of the County shall be enforceable in an action brought in any court of competent jurisdiction. Any civil penalty or order issued by the County pursuant to the criteria set forth herein shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules.
Criminal sanctions. Any person who violates the provisions of this article, including any provision of any authorization issued, any condition set or fee required pursuant to this article, shall, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than $500 and not more than $1,000; for a second and each subsequent offense he/she shall be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than 30 days nor more than six months, or both. Each violation shall be deemed a separate and distinct offense, and, in the case of continuing violation, each day in continuance thereof shall be deemed a separate and distinct offense.
Final determination; costs. In addition to the foregoing remedies, any person who violates the provisions of this article and is found guilty by a final administrative determination and/or a final adjudicated determination by a court of competent jurisdiction shall be responsible for paying over to and reimbursing the Stormwater Management Office for all quantified costs, penalties and/or fines as may result from, or be imposed by, the Department, the EPA and/or any other enforcement agency pursuant to the Clean Water Act, the State Pollutant Discharge Elimination System (SPDES) requirements and/or any other applicable statutory authority for such violation.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the Stormwater Management Officer may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement and/or remediation of the violation and/or for such other further relief as any court of competent jurisdiction may order.
The violator cooperated in investigation and resolution.
Attendance at stormwater management compliance workshops.
Storm drain stenciling and/or storm drain marking.
Participation in community outreach programs concerning stormwater management.
In the event of noncompliance with the foregoing alternative remedies, the County reserves the right to enforce any and all provisions of this article.
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the Stormwater Management Office to make such determinations. Nothing in this article shall be read to preclude the enforcement by the County of Ulster of any other laws as may be applicable to illicit discharges, including but not limited to statutory authorizations as set forth within the New York State Highway Law, the New York State County Law and the New York State Public Health Law.
The Stormwater Management Officer shall submit an annual report to the County Legislature not later than the first day of November of each year concerning the administration, efficacy and enforcement of this article. Such reports and recommendations shall assist the County to monitor and evaluate the extent to which the intent and purpose of this article have been served.
This article has been duly reviewed and a determination as to significance upon the environment and associated findings have been rendered by the County in accordance with the State Environmental Quality Review Act (SEQRA) prior to this article's adoption by the County (6 NYCRR 617 et seq.).
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
Where the standards and legal requirements of this article are in conflict with other environmental and/or land use regulations and/or other environmental protective measures, the more restrictive standards and legal requirements shall apply.
This article shall be interpreted under, construed by and governed pursuant to the laws of the State of New York.


The master of a tugboat met his death on the waters of the Ohio river through the negligence of a pilot employed to navigate the tug. The personal representative brought suit against the owner under the Merchant Marine Act of 1920, § 33 (41 Stat. 1007, 46 U.S.C. § 688 (46 USCA § 688)) for the recovery of damages. The trial court sustained a demurrer to the complaint on the ground that a 'master' is not a 'seaman' within the meaning of the statute. The Supreme Court of Missouri affirmed the judgment for the owner. 334 Mo. 396, 67 S.W.(2d) 47. The case is here on certiorari. 292 U.S. 617, 54 S.Ct. 641, 78 L.Ed. 1475.
There are contexts in which the word seaman is held to exclude the master or even any officer. See, e.g., R.S. § 4530, as amended by section 31 of the Merchant Marine Act of 1920 (46 U.S.C. § 597 (46 USCA § 597)); also 46 U.S.C. §§ 564, 568, 570, 592, 594, 658 (46 USCA § 564, 568, 570, 592, 594, 658) re-enacting R.S. §§ 4511, 4515, 4517, 4525, 4527 4561, as from time to time amended. There are other contexts in which it takes them in. 28 U.S.C. § 837 (28 USCA § 837); also R.S. § 2174 (8 USCA § 388 note); In re Scott (D.C.) 250 F. 647, 648; The Balsa (C.C.A.) 10 F.(2d) 408; The Burns Bros., No. 31 (D.C.) 29 F.(2d) 855. The respondent points to statutes that develop the antithesis between a seaman and those over him. See citations, supra. They do not carry us very far, any more than the contrast that exists for many purposes between a seaman and a stevedore. In a broad sense, a seaman is a mariner of any degree, one who lives his life upon the sea. It is enought that what he does affects 'the operation and welfare of the ship when she is upon a voyage.' The Buena Ventura (D.C.) 243 F. 797, 799, where a wireless operator was brought within the term. In a narrow sense the term is limited to one who is an ordinary seaman and nothing more, a seaman as opposed to the master or an officer. One can find a like range of variation in the use of the word 'crew.' 'It is sometimes used to comprehend all persons composing the ship's company, including the master; sometimes to comprehend the officers and common seamen, excluding the master; and sometimes to comprehend the common seamen only, excluding the master and officers.' United States v. Winn, 3 Sumn. 209, 213, 214, Fed. Cas. No. 16,740 (Story, J.); cf. The Buena Ventura, supra, 243 F. 799(Hough, J.); The Bound Brook (D.C.) 146 F. 160, 164; United States v. Huff (C.C.) 13 F.630. what concerns us here and now is not the scope of the class of seament at other times and in other contexts. Our concern is to define the meaning for the purpose of a particular statute which must be read in the light of the mischief to be corrected and the end to be attained. Congress knew that men employed upon a ship were without a remedy in damages for negligence beyond their cure and maintenance, unless the injury was a consequence of the unseaworthiness of the ship or a defect in her equipment. Chelentis v. Luckenbach S.S. Co., 247 U.S. 372, 384, 38 S.Ct. 501, 62 L.Ed. 1171; Cortes v. Baltimore Insular Line, supra. This restriction upon remedies was applicable to ordinary seament, but applicable also to officers and even to the master. The Brig George, 1 Sumn. 151, Fed. Cas. No. 5,329 (Story, J.); The Balsa, supra. 'It is said that the allowance by the maritime law belongs to the seamen only, and cannot be claimed by the master of the ship. * * * No authority is cited for this position; and I am not aware that any exists.' Story, J., in The Brig George, supra, at page 155 of 1 Sumn., Fed. Cas. No. 5,329. Cf. the rule in Great Britain under the Merchant Shipping Act, 1906 (6 Edw. 7, No. 48, § 34). The old measure of recovery was the same for all aboard, the highest and the lowest. The new measure was not designed to narrow the protected class while broadening the damages. We stick too closely to the letter if we say that Congress had the will to give damages for wounds or death to the crew at large or their dependents and to leave the master and his dependents out. An ancient evil was to be uprooted, and uprooted altogether. It was not to be left with fibers still clinging to the soil.
The purpose of the lawmakers, clear enough, we believe, upon the surface of the act, takes on an added clearness when the act is viewed in the setting of its history. Section 33 of the Merchant Marine Act of 1920 (46 USCA § 688) is derived from section 20 of the Act of 1915, 38 Stat. 1185 (46 USCA § 688 note). The parent section was aimed at the fellow-servant rule in its application to torts upon navigable waters. Chelentis v. Luckenbach S.S. Co., supra. It provided that 'in any suit to recover damages for any injury sustained on board vessel or in its service seamen having command shall not be held to be fellow-servants with those under their authority.' Masters were thus recognized as within the genus seamen, though they were seamen having command. The decision of tis Court in the Chelentis Case gave warning that the change, if any, thus effected, did not avail to increase the damages beyond the cost of cure and maintenance. Thus warned, the lawmakers amended section 20 of the Act of 1915 by substituting section 33 of the Act of 1920. We cannot believe that in this process of amendment the word 'seamen' lost the broad meaning that it had in the law to be amended, and was narrowed by the exclusion of a particular species of seamen, i.e., seamen having command. The change is too sudden to be accepted as intended unless unmistakably declared.
The scheme of legislation becomes symmetrical and consistent when the Merchant Marine Act of 1920 is read in the light of another act in pari materia, the Longshoremen's and Harbor Workers' Compensation Act, § 1 et seq. (33 U.S.C. § 901 et seq. (33 USCA § 901 et seq.)) adopted in 1927. This act expressly excludes from its 'coverage' a 'master or member of a crew of any vessel.' Section 3 (33 USCA § 903). The exclusion was at the request of seamen who notified the committee in charge that they preferred the remedy for damages under the act of 1920 to the benefits that would be theirs under a system of workmen's compensation. See Hearings before a Subcommittee of the Senate Committee on the Judiciary, 69th Cong., 1st Sess., on S. 3170, at p. 17; Cong. Rec., 69th Cong., 2d Sess., vol. 68, part 5, p. 5908; Nogueira v. New York, N.H. & H.R. Co., 281 U.S. 128, 134, 136, 50 S.Ct. 303, 74 L.Ed. 754. The bill was accordingly amended in its progress through the House by declaring the exception. There can be little doubt that Congress did this in the belief that under the statutes then in force master and crew alike were already adequately protected in case of injury or death. The belief had a sound foundation in the act of 1920. Cf. Nogueira v. New York, N.H. & H.R. Co., supra, at page 134 of 281 U.S., 50 S.Ct. 303.
In reaching the opposite conclusion, the Supreme Court of Missouri rested its opinion on section 713 of title 46, c. 18 of the U.S. Code (46 USCA § 713), which for the purpose of construction defines a master and a seaman as well as other terms.2 With a few verbal changes section 713 is a re-enactment of section 653 of the Act of June 7, 1872 (17 Stat. 277), which was then known as section 4612 of the Revised Statutes. In the compilation of the Code some of the provisions for the protection of seamen contained in the act of 1872 were placed in title 46, which relates to shipping, and particularly in chapter 18 of that title, which relates to 'Merchant Seamen.' They had previously been re-enacted, as parts of the Revised Statutes, along with section 65. The acts of 1915 and 1920 were placed in the same chapter and title, and were thus brought into contiguity with the sections carried over from the Act of 1872. Very clearly the change of location did not work a change of meaning. The rule of construction laid down in section 713 must be confined to those sections of the chapter which were contained in the Act of 1872, or in the equivalent provisions of the Revised Statutes, before the Code had rearranged them. The compilers of the Code were not empowered by Congress to amend existing law, and doubtless had no thought of doing so. As to that the command of Congress is too clear to be misread. 1 USCA (title page) § 2(a), 44 Stat. p. 1, pt. I.4 To this it must be added that section 713, even in its relation to the sections fairly within its range, is 'directed to extension not to restriction.' Uravic v. F. Jarka Co., supra, at page 239 of 282 U.S., 51 S.Ct. 111, 112. It means that 'for the purposes of the chapter 'seaman' shall include persons who otherwise might be deemed not to be seamen.' It puts into the class some that might otherwise be excluded; it does not take any one out who would otherwise be there.


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that the railroad company was negligent and that the plaintiff had not assumed the risk, cannot be reviewed upon the theory that the place may have been some other depression or hole in the yard of the existence of which no finding is warranted by the evidence. P. 279 U. S. 9.
(1) That the railway company was not proven to have been guilty of any breach of duty owed the employee either in adopting and maintaining the ditch, rather than some other method of drainage, or in respect of its condition at the time and place in question. P. 279 U. S. 11.
(2) That, as a matter of law, the employee had assumed the risk, and the company was entitled to a directed verdict. P. 279 U. S. 12.
3. The fact that sunrise occurs considerably before seven o'clock during some weeks immediately before June 4th may be judicially noticed. P. 279 U. S. 12.
Certiorari, 278 U.S. 586, to a judgment of the Court of Errors and Appeals of New Jersey affirming a recovery of damages in an action under the Federal Employers' Liability Act.
its favor on the grounds that the evidence was not sufficient to warrant a finding of negligence on the part of defendant and that it conclusively appeared that plaintiff assumed the risk of the accident and injury complained of. The motion was denied, there was a verdict for plaintiff, and the judgment entered thereon was affirmed by the highest court of the state.
Plaintiff was employed in defendant's roundhouse and coal chute yard at Hoboken. The complaint alleged that defendant negligently "permitted an open, uncovered, and unlighted and dangerous hole to exist between certain parts of said tracks," that plaintiff was there employed at 4 o'clock in the morning of June 4, 1925, and, "while alighting from an engine in the course of his said employment, fell into said opening" and was injured.
Plaintiff's work was to put sand into the boxes on engines and to turn switches for them. During 11 years, he worked nights from 9 o'clock in the evening until 7 in the morning, and for one year, about 5 years before the accident, he worked in the daytime. He was familiar with the tracks and ground in the yard. Throughout the period of his employment, the yard was drained by a shallow open ditch or trench. This depression varied in depth from 8 to 11 inches and in width from 8 to 24 inches. It passed between ties under the tracks and, at a place not far from the coal chute, it extended a short distance longitudinally between the tracks. During all the time that plaintiff worked there the drain or ditch was in the same place and was maintained in the same condition as it was at the time of the accident.
of was a part of the trench. But, as it was in respect of the ditch or drain that defendant was found negligent, and plaintiff was held not to have assumed the risk, and as that only was considered by the lower courts, the judgment cannot be affirmed on the theory that plaintiff was not injured there, but at another place.
Three or four days after the accident, plaintiff went to the yard to get his pay, and then told the coal chute foreman of the accident, saying he "fell down in the ditch somewhere off an engine." He also indicated to the roundhouse foreman not the exact spot, but the vicinity of the place where he claimed to have been injured. The part of the yard so pointed out includes the section of the drain here in question.
In his testimony, plaintiff described the accident in substance as follows: he went upon an engine standing near the roundhouse and rode it to a point about 60 feet from the coal chute, where it stopped near a switch he intended to turn. The engine step was between 3 and 4 feet above the general level of the ground between the tracks. He said he jumped from the engine and "just struck a certain hole;" that there was coal or stone in the hole; "there was something there very hard;" that he immediately became unconscious, and did not know what happened, or who took him "out of that hole, or how they took" him. He also said that he did not know about the hole before he jumped; that it was so dark that he could not see the hole; that he thought everything was level, and did not expect the hole to be in that place. There is nothing to support a finding that there was then any hole or depression in the yard other than the open drain.
The Federal Employers' Liability Act permits recovery upon the basis of negligence only. The carrier is not liable to its employees because of any defect or insufficiency in plant or equipment that is not attributable to negligence.
The burden was on plaintiff to adduce reasonable evidence to show a breach of duty owed by defendant to him in respect of the place where he was injured, and that, in whole or in part, his injuries resulted proximately therefrom. And, except as provided in § 4 of the Act, the employee assumes the ordinary risks of his employment, and, when obvious or fully known and appreciated, he assumes the extraordinary risks and those due to negligence of his employer and fellow employees. Seaboard Air Line Ry. v. Horton, 233 U. S. 492, 233 U. S. 501; St. Louis, etc., Ry. v. Mills, 271 U. S. 344; Northern Ry. Co. v. Page, 274 U. S. 65, 274 U. S. 75.
of the method employed or the condition of the drain at the time and place in question. Nelson v. Southern Ry. Co., 246 U. S. 253; Missouri Pacific Railroad Co. v. Aeby, 275 U. S. 426.
The court takes judicial notice of the fact that, for some weeks immediately before the accident, the sun rose and it was light for some time before plaintiff's quitting hour. Montenes v. Metropolitan Street R. Co., 77 App.Div. 493. He worked in daylight for some time every morning during the spring and summer months, and during one year, he worked days. There was nothing obscure or of recent origin about the place where he was injured. The conditions were constant, and of longstanding. The evidence requires a finding that he had long known the location of the drain and its condition at the place in question. The dangers attending jumping from engines in the vicinity of the drain, especially in the dark, were obvious. Plaintiff must be held to have fully understood and appreciated the risk.
It was the duty of the judge presiding at the trial to direct the jury to return a verdict in favor of the defendant. Butler v. Frazee, 211 U. S. 459, 211 U. S. 467.

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Jennifer L. Kelley - Fanning Harper Martinson Brandt & Kutchin, P.C. - Fanning Harper Martinson Brandt & Kutchin, P.C.
Jennifer joined Fanning Harper Martinson Brandt & Kutchin, P.C. in 2010. Her practice areas include insurance coverage; insurance defense litigation; school litigation; employment litigation; and appellate advocacy. She worked as a briefing attorney for Justice Robert McCoy of the 2nd Court of Appeals in Fort Worth for two years before joining the firm.
In re Cincinnati Insurance Company, No. 05-17-00785-CV, 2017 WL 3474022 (Tex. App.—Dallas Aug. 14, 2017) (orig. proceeding) (co-counsel for relator before the Dallas Court of Appeals in case involving severance of insured’s extra-contractual claims from breach of contract claim in UM/UIM case) (mandamus proceedings withdrawn by agreed motion of the parties before appellate court ruled on relator’s petition for writ of mandamus).
Pamela Vernon v. Dallas/Fort Worth International Airport Board, et al., No. 02-16-00488-CV, 2017 WL 2979828 (Tex. App.—Fort Worth July 13, 2017, no pet.) (co-counsel for appellees before the Fort Worth Court of Appeals, which ultimately affirmed the trial court’s granting of a traditional summary judgment in favor of appellees in a slip-and-fall case).
Fort Worth Indep. Sch. Dist. v. Palazzolo, 498 S.W.3d 674 (Tex. App.—Fort Worth July 7, 2016, pet. denied) (co-counsel for appellant before the Fort Worth Court of Appeals, which ultimately reversed and remanded to the trial court for a new trial, in an appeal involving application of the statutory affirmative defense set forth in the Texas Whistleblower Act).
Layton v. City of Fort Worth Employees’ Retirement Fund, No. 02-14-00084-CV, 2014 WL 6997350 (Tex. App.—Fort Worth Dec. 11, 2014, pet. denied) (co-counsel for respondent before the Supreme Court of Texas, which ultimately denied review after briefing from the parties, in an appeal involving the exclusive jurisdiction of a state enabled entity to administer disability funds).
Baylor Univ. Med. Ctr. v. Lawton, 442 S.W.3d 483 (Tex. App.—Dallas 2014, pet. denied) (co-counsel for respondent before the Supreme Court of Texas, which ultimately denied review after briefing from the parties, in an appeal involving the scope of the Texas Medical Liability Act).
Venture Cotton Coop. v. Freeman 435 S.W.3d 222 (Tex. 2014) (co-counsel for respondent before the Supreme Court of Texas, which ultimately granted review and reversed and remanded to the court of appeals for further consideration, in an appeal involving the conscionability of an arbitration agreement).
Ex Parte Harold Cornish, No. 05-11-01276-CV, 2014 WL 1410511 (Tex. App.—Dallas Apr. 9, 2014, no pet.) (co-counsel for appellant before the Dallas Court of Appeals, which ultimately reversed the trial court’s order and remanded for further proceedings, in a restricted appeal involving the expunction of records).
Presentation on MCS-90 and Its Role in Trucking Insurance.
Presented to local insurance adjusters in January 2018.
Authored “Great American Insurance Co. v. Hamel: Fully Adversarial Trial”, published in the Fall 2017 Edition of Journal of Texas Insurance Law.
Authored by Don D. Martinson and published in the July 23, 2012 publication of Texas Lawyer.

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In this chapter is further represented to the prophet, in vision, I. The division of the holy land, so much for the temple, and the priests that attended the service of it (ver. 1-4), so much for the Levites (ver. 5), so much for the city (ver. 6), so much for the prince, and the residue to the people, ver. 7, 8. II. The ordinances of justice that were given both to prince and people, ver. 9-12. III. The oblations they were to offer, and the prince's part in those oblations, ver. 13-17. Particularly in the beginning of the year (ver. 18-20) and in the passover, and the feast of tabernacles, ver. 21-25. And all this seems to point at the new church-state that should be set up under the gospel, which, both for extent and for purity, should far exceed that of the Old Testament.
The Division of the Holy Land.
1 Moreover, when ye shall divide by lot the land for inheritance, ye shall offer an oblation unto the Lord, a holy portion of the land: the length shall be the length of five and twenty thousand reeds, and the breadth shall be ten thousand. This shall be holy in all the borders thereof round about. 2 Of this there shall be for the sanctuary five hundred in length, with five hundred in breadth, square round about; and fifty cubits round about for the suburbs thereof. 3 And of this measure shalt thou measure the length of five and twenty thousand, and the breadth of ten thousand: and in it shall be the sanctuary and the most holy place. 4 The holy portion of the land shall be for the priests the ministers of the sanctuary, which shall come near to minister unto the Lord: and it shall be a place for their houses, and an holy place for the sanctuary. 5 And the five and twenty thousand of length, and the ten thousand of breadth, shall also the Levites, the ministers of the house, have for themselves, for a possession for twenty chambers. 6 And ye shall appoint the possession of the city five thousand broad, and five and twenty thousand long, over against the oblation of the holy portion: it shall be for the whole house of Israel. 7 And a portion shall be for the prince on the one side and on the other side of the oblation of the holy portion, and of the possession of the city, before the oblation of the holy portion, and before the possession of the city, from the west side westward, and from the east side eastward: and the length shall be over against one of the portions, from the west border unto the east border. 8 In the land shall be his possession in Israel: and my princes shall no more oppress my people; and the rest of the land shall they give to the house of Israel according to their tribes.
Directions are here given for the dividing of the land after their return to it; and, God having warranted them to do it, would be an act of faith, and not of folly, thus to divide it before they had it. And it would be welcome news to the captives to hear that they should not only return to their own land, but that, whereas they were now but few in number, they should increase and multiply, so as to replenish it. But this never had its accomplishment in the Jewish state after the return out of captivity, but was to be fulfilled in the model of the Christian church, which was perfectly new (as this division of the land was quite different from that in Joshua's time) and much enlarged by the accession of the Gentiles to it; and it will be perfected in the heavenly kingdom, of which the land of Canaan had always been a type. Now, 1. Here is the portion of land assigned to the sanctuary, in the midst of which the temple was to be built, with all its courts and purlieus; the rest round about it was for the priests. This is called (v. 1) an oblation to the Lord; for what is given in works of piety, for the maintenance and support of the worship of God and the advancement of religion, God accepts as given to him, if it be done with a single eye. It is a holy portion of the land, which is to be set out first, as the first-fruits that sanctify the lump. The appropriating of lands for the support of religion and the ministry is an act of piety that bids as fair for perpetuity, and the benefit of posterity, as any. This holy portion of the land was to be measured, and the borders of it fixed, that the sanctuary itself might not have more than its share and in time engross the whole land. So far the lands of the church shall extend and no further; as in our own kingdom donations to the church were of old limited by the statute of mortmain. The lands here allotted to the sanctuary were 25,000 reeds (so our translation makes it, though some make them only cubits) in length, and 10,000 in breadth-about eighty miles one way and thirty miles another way (say some); twenty-five miles one way and ten miles the other way, so others. The priests and Levites that were to come near to minister were to have their dwellings in this portion of the land that was round about the sanctuary, that they might be near their work; whereas by the distribution of land in Joshua's time the cities of the priests and Levites were dispersed all the nation over. This intimates that gospel ministers should reside upon their charge; where their service lies there must they live. 2. Next to the lands of the sanctuary the city-lands are assigned, in which the holy city was to be built, and with the issues and profits of which the citizens were to be maintained (v. 6): It shall be for the whole house of Israel, not appropriated, as before, to one tribe or two, but some of all the tribes shall dwell in the city, as we find they did, Neh. xi. 1, 2. The portion for the city was fully as long, but only half as broad, as that for the sanctuary; for the city was enriched by trade and therefore had the less need of lands. 3. The next allotment after the church-lands and the city-lands is of the crown-lands, v. 7, 8. Here is no admeasurement of these, but they are said to lie on the one side and on the other side of the church-lands and city-lands, to intimate that the prince with his wealth and power was to be a protection to both. Some make the prince's share equal to the church's and city's share both together; others make it to be a thirteenth part of the rest of the land, the other twelve parts being for the twelve tribes. The prince that attends continually to the administration of public affairs must have wherewithal to support his dignity, and have abundance, that he may not be in temptation to oppress the people, which yet with many does not prevent that; but the grace of God shall prevent it, for it is promised here, My princes shall no more oppress my people; for God will make the officers peace and the exactors righteousness. Notwithstanding this, we find that after the return of the Jews to their own land the princes were complained of for their exactions. But Nehemiah was one that did not do as the former governors, and yet kept a handsome court, Neh. v. 15, 18. But so much is said of the prince in this mystical holy state, to intimate that in the gospel-church magistrates should be as nursing fathers to it and Christian princes its patrons and protectors; and the holy religion they profess, as far as they are subject to the power of it, will restrain them from oppressing God's people, because they are more his people than theirs. 4. The rest of the lands were to be distributed to the people according to their tribes, who had reason to think themselves well settled, when they had both the testimony of Israel and the throne of judgment so near them.
9 Thus saith the Lord GOD; Let it suffice you, O princes of Israel: remove violence and spoil, and execute judgment and justice, take away your exactions from my people, saith the Lord GOD. 10 Ye shall have just balances, and a just ephah, and a just bath. 11 The ephah and the bath shall be of one measure, that the bath may contain the tenth part of a homer, and the ephah the tenth part of a homer: the measure thereof shall be after the homer. 12 And the shekel shall be twenty gerahs: twenty shekels, five and twenty shekels, fifteen shekels, shall be your maneh.
We have here some general rules of justice laid down both for prince and people, the rules of distributive and commutative justice; for godliness without honesty is but a form of godliness, will neither please God nor avail to the benefit of any people. Be it therefore enacted, by the authority of the church's King and God, 1. That princes do not oppress their subjects, but duly and faithfully administer justice among them (v. 9): "Let it suffice you, O princes of Israel! that you have been oppressive to the people and have enriched yourselves by spoil and violence, that you have so long fleeced the flock instead of feeding them, and henceforward do so no more." Note, Even princes and great men that have long done amiss must at length think it time, high time, to reform and amend; for no prescription will justify a wrong. Instead of saying that they have been long accustomed to oppress, and therefore may persist in it, for the custom will bear them out, they should say that they have been long accustomed to it and therefore, as here, Let the time pass suffice, and let them now remove violence and spoil; let them drop wrongful demands, cancel wrongful usages, and turn out those from employments under them that do violence. Let them take away their exactions, ease their subjects of those taxes which they find lie heavily upon them, and let them execute judgment and justice according to the law, as the duty of their place requires. Note, All princes, but especially the princes of Israel, are concerned to do justice; for of their people God says, They are my people, and they in a special manner rule for God. 2. That one neighbour do not cheat another in commerce (v. 10): You shall have just balances, in which to weigh both money and goods, a just ephah for dry measure of corn and flour, a just bath for the measure of liquids, wine, and oil; and the ephah and bath shall be one measure, the tenth part of a chomer, or cor, v. 11. So that the ephah and bath contained (as the learned Dr. Cumberland has computed) seven wine gallons and four pints, and something more. An omer was but the tenth part of an ephah (Exod. xvi. 36) and the one hundredth part of a chomer, or homer, and contained about six pints. The shekel is here settled (v. 13); it is twenty jerahs, just half a Roman ounce, in our money 2s. 4 1/4d. and almost the eighth part of a farthing, as the aforesaid learned man exactly computes it. By the shekels the maneh, or pound, was reckoned, which, when it was set for a mere weight (says bishop Cumberland), without respect to coinage, contained just 100 shekels, as appears by comparing 1 Kings x. 17, where it is said three manehs, or pounds, of gold, went to one shield, with the parallel place, 2 Chron. ix. 16, where it is said 300 shekels of gold went to one shield. But when the maneh is set for a sum of money or coin it contains but sixty shekels, as appears here, where twenty shekels, twenty-five shekels, and fifteen shekels, which in all make sixty, shall be the maneh. But it is thus reckoned because they had one piece of money that weighed twenty shekels, another twenty-five, another fifteen, all of which made up one pound, as a learned writer here observes. Note, It concerns God's Israel to be very honest and just in all their dealings, very punctual and exact in rendering to all their due, and very cautious to do wrong to none, because otherwise they spoil the acceptableness of their profession with God and the reputation of it before men.
13 This is the oblation that ye shall offer; the sixth part of an ephah of a homer of wheat, and ye shall give the sixth part of an ephah of a homer of barley: 14 Concerning the ordinance of oil, the bath of oil, ye shall offer the tenth part of a bath out of the cor, which is an homer of ten baths; for ten baths are a homer: 15 And one lamb out of the flock, out of two hundred, out of the fat pastures of Israel; for a meat offering, and for a burnt offering, and for peace offerings, to make reconciliation for them, saith the Lord GOD. 16 All the people of the land shall give this oblation for the prince in Israel. 17 And it shall be the prince's part to give burnt offerings, and meat offerings, and drink offerings, in the feasts, and in the new moons, and in the sabbaths, in all solemnities of the house of Israel: he shall prepare the sin offering, and the meat offering, and the burnt offering, and the peace offerings, to make reconciliation for the house of Israel. 18 Thus saith the Lord GOD; In the first month, in the first day of the month, thou shalt take a young bullock without blemish, and cleanse the sanctuary: 19 And the priest shall take of the blood of the sin offering, and put it upon the posts of the house, and upon the four corners of the settle of the altar, and upon the posts of the gate of the inner court. 20 And so thou shalt do the seventh day of the month for every one that erreth, and for him that is simple: so shall ye reconcile the house. 21 In the first month, in the fourteenth day of the month, ye shall have the passover, a feast of seven days; unleavened bread shall be eaten. 22 And upon that day shall the prince prepare for himself and for all the people of the land a bullock for a sin offering. 23 And seven days of the feast he shall prepare a burnt offering to the Lord, seven bullocks and seven rams without blemish daily the seven days; and a kid of the goats daily for a sin offering. 24 And he shall prepare a meat offering of an ephah for a bullock, and an ephah for a ram, and a hin of oil for an ephah. 25 In the seventh month, in the fifteenth day of the month, shall he do the like in the feast of the seven days, according to the sin offering, according to the burnt offering, and according to the meat offering, and according to the oil.
Having laid down the rules of the righteousness toward men, which is really a branch off true religion, he comes next to give some directions for their religion towards God, which is a branch of universal righteousness.
I. It is required that they offer an oblation to the Lord out of what they have (v. 13): All the people of the land must give an oblation, v. 16. As God's tenants, they must pay a quitrent to their great landlord. They had offered an oblation out of their real estates (v. 1), a holy portion of their land; now they are directed to offer an oblation out of their personal estates, their goods and chattels, as an acknowledgement of their receivings from him, their dependence on him, and their obligations to him. Note, Whatever our substance is we must honour God with it, by giving him his dues out of it. Not that God has need of or may be benefited by any thing that we can give him, Ps. l. 9. No; it is but an oblation; we only offer it to him; the benefit of it returns back to ourselves, to his poor, who, as our neighbours, are ourselves, or to his ministers who serve continually for our good.
II. The proportion of this oblation is here determined, which was not done by the law of Moses. No mention is made of the title, but only of this oblation. And the quantum of this is thus settled:-- 1. Out of their corn they were to offer a sixtieth part; out of every homer of wheat and barley, which contained ten ephahs, they were to offer the sixth part of one ephah, which was a sixtieth part of the whole, v. 13. 2. Out of their oil (and probably their wine too) they were to offer a hundredth part, for this oblation; out of every cor, or homer, which contained ten baths they were to offer the tenth part of one bath, v. 14. This was given to the altar; for in every meat-offering there was flour mingled with oil. 3. Out of their flocks they were to give one lamb out of 200; that was the smallest proportion of all, v. 15. But it must be out of the fat pastures of Israel. They must not offer to God that which was taken up from the common, but the fattest and best they had, for burnt-offerings and peace-offerings: the former were offered for the giving of glory to God, the latter for the fetching in of mercy, grace, and peace, from God, and in our spiritual sacrifices these are our two great errands at the throne of grace; but, in order to the acceptance of both, these sacrifices were to make reconciliation for them. Christ is our sacrifice of atonement, by whom reconciliation is made, and to him we must have an eye in our sacrifices of acknowledgment.
III. This oblation must be given for the prince in Israel, v. 16. Some read it to the prince, and understand it of Christ, who is indeed the prince in Israel, to whom we must offer our oblations, and into whose hands we must put them, to be presented to the Father. Or, They shall give it with the prince; every private person shall bring his oblation, to be offered with that of the prince; for it follows (v. 17). It shall be the prince's part to provide all the offerings, to make reconciliation for the house of Israel. The people were to bring their oblations to him according to the foregoing rules, and he was to bring them to the sanctuary, and to make up what fell short out of his own. Note, It is the duty of rulers to take care of religion, and to see that the duties of it be regularly and carefully performed by those under their charge, and that nothing be wanting that is requisite thereto: the magistrate is the keeper of both tables; and it is a happy thing when those that are above others in power and dignity go before them in the service of God.
IV. Some particular solemnities are here appointed.
1. Here is one in the beginning of the year, which seems to be altogether new, and not instituted by the law of Moses; it is the annual solemnity of cleansing the sanctuary. (1.) On the first day of the first month (upon new-year's day) they were to offer a sacrifice for the cleansing of the sanctuary (v. 18), that is, to make atonement for the iniquity of the holy things the year past, that they might bring none of the guilt of them into the services of the new year, and to implore grace for the preventing of that iniquity, and for the better performance of the service of the sanctuary the ensuing year. And, in token of this, the blood of this sin-offering was to be put upon the posts of the gate of the inner court (v. 19), to signify that by it atonement was intended to be made for the sins of all the servants that attended that house, priests, Levites, and people, even the sins that were found in all their services. Note, Even sanctuaries on earth need cleansing, frequent cleansing; that above needs none. Those what worship God together should often join in renewing their repentance for their manifold defects, and applying the blood of Christ for the pardon of them, and in renewing their covenants to be more careful for the future; and it is very seasonable to begin the year with this work, as Hezekiah did when it had been long neglected, 2 Chron. xxix. 17. They were here appointed to cleanse the sanctuary upon the first day of the month, because on the fourteenth day of the month they were to eat the passover, an ordinance which, of all Old-Testament institutions, had most in it of Christ and gospel grace, and therefore it was very fit that they should begin to prepare for it a fortnight before by cleansing the sanctuary. (2.) This sacrifice was to be repeated on the seventh day of the first month, v. 20. And then it was intended to make atonement for every one that errs, and for him that is simple. Note, He that sins errs and is simple; he mistakes, he goes out of the way, and shows himself to be foolish and unwise. But here it is spoken of those sins which are committed through ignorance, mistake, or inadvertency, whether by any of the priests, or of the Levites, or of the people. Sacrifices were appointed to atone for such sins as men were surprised into, or did before they were aware, which they would not have done if they had known and remembered aright, which they were overtaken in, and for which, afterwards, they condemn themselves. But for presumptuous sins, committed with a high hand, there was no sacrifice appointed, Num. xv. 30. By these repeated sacrifices you shall reconcile the house, that is, God will be reconciled to it, and continue the tokens of his presence in it, and will let it alone this year also.
2. The passover was to be religiously observed at the time appointed, v. 21. Christ is our passover, that is sacrificed for us. We celebrate the memorial of that sacrifice and feast upon it, triumphing in our deliverance out of the Egyptian slavery of sin and our preservation from the sword of the destroying angel, the sword of divine justice, in the Lord's supper, which is our passover-feast, as the whole Christian life is, and must be, the feast of unleavened bread. It is here appointed that the prince shall prepare a sin-offering, to be offered for himself and the people, a bullock on the first day (v. 22) and a kid of the goats every other day (v. 23), to teach us, in all our attendance upon God for communion with him, to have an eye to the great sin-offering, by which transgression was finished and an everlasting righteousness brought in. On every day of the feast there was to be a burnt-offering, purely for the honour of God, of no less than seven bullocks and seven rams, with their meat-offering, which were wholly consumed upon the altar, and yet no waste, v. 23, 24.
3. The feast of tabernacles; that is spoken of next (v. 25), and there is no mention of the feast of pentecost, which came between that of the passover and that of tabernacles. Orders are here given (above what were given by the law of Moses) for the same sacrifices to be offered during the seven days of the passover. See the deficiency of the legal sacrifices for sin; they were therefore often repeated, not only every year, but every feast, every day of the feast, because they could not make the comers thereunto perfect, Heb. x. 1, 3. See the necessity of our frequently repeating the same religious exercises. Though the sacrifice of atonement is offered once for all, yet the sacrifices of acknowledgement, that of a broken heart, that of a thankful heart, those spiritual sacrifices which are acceptable to God through Christ Jesus, must be every day offered. We should, as here, fall into a method of holy duties, and keep to it.

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