The following words and terms shall have the following meanings
for the purposes of this chapter.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the municipal stormwater drainage system, except as exempted in §
243-2A of this chapter.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the municipal stormwater drainage
system, including but not limited to any conveyances which allow any
non-stormwater discharge including sewage, process wastewater, and
wash water to enter the storm drain system and any connections to
the storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency or, any drain or conveyance
connected from a commercial or industrial land use to the storm drain
system which has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
MUNICIPAL STORMWATER DRAINAGE SYSTEM
Publicly-owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
NON-STORMWATER DISCHARGE
Any discharge to the municipal stormwater drainage system
that is not composed entirely of stormwater.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
The Director of the Department of Public Works shall administer,
implement, and enforce the provisions of this chapter. Any powers
granted or duties imposed upon the Director of the Department of Public
Works may be delegated in writing by the Director of the Department
of Public Works to persons or entities acting in the interest of or
in the employ of the Department of Public Works.
To the extent permitted by state law, or if authorized by the
owner or other party in control of the property, the Director of the
Department of Public Works and/or his/her designated representative
may enter upon privately owned property for the purpose of performing
his/her duties under this chapter and may make or cause to be made
such examinations, surveys or sampling as the Town deems reasonably
necessary.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in unauthorized discharges or pollutants discharging into stormwater,
the municipal stormwater drainage system, or waters of the state from
said facility, said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release. In the event
of such a release of a hazardous material, said person shall immediately
notify emergency response officials of the occurrence via emergency
dispatch services (911). In the event of a release of nonhazardous
materials, said person shall notify the Department of Public Works
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Department of Public Works within five working days of the phone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years. Nothing in this section shall preclude any
owner/lessee from compliance with relevant provisions of the Rhode
Island Clean Water Act, R.I.G.L. § 46-12-1 et seq. or other
applicable laws or regulations.