[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of Windsor through the regulation
of non-stormwater discharges to the storm drainage system. This article
establishes methods for controlling the introduction of pollutants
into the municipal separate storm sewer system (MS4) in order to comply
with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process. The objectives of this article are:
(1)
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
(2)
To prohibit illicit discharges and connections to the municipal separate
storm sewer system.
(3)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
This article shall apply to all water entering the storm drainage
system generated on any developed or undeveloped lands unless explicitly
exempted by the Town Engineer.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
The Town Engineer is hereby appointed to administer, implement,
and enforce the provisions of this article.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
For purposes of this article, the following definitions shall
apply.
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.
BMPs also include treatment practices, operating procedures, and practice
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
Activities subject to NPDES construction permits, CT DEP
construction permits or Town of Windsor erosion and sediment control
permits. These include construction projects resulting in land disturbance
of 0.5 acre or more. Such activities include but are not limited to
clearing and grubbing, grading, excavating, and demolition.
Connecticut Department of Environmental Protection.
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 substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in Section 3-169.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drainage system
including but not limited to any conveyances that allow any non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drainage system and any connections to the storm drainage
system from indoor drains and sinks, regardless of whether said drain
or connection has been previously allowed, permitted, or approved
by the town; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drainage system which has not been documented
in plans, maps, or equivalent records and approved by the Town.
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26(b)(14).
Municipal separate storm sewer system.
A permit issued by EPA (or by a state under authority delegated
pursuant to 33 U.S.C. Section 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drainage system that is not composed
entirely of stormwater.
Except to the extent exempted from this article, any individual,
partnership, firm, association, joint venture, public or private corporation,
trust, estate, Commission, Board, public or private institution, utility,
cooperative, city, county or other political subdivision of the state,
any interstate body or any other legal entity.
Anything which causes or contributes to pollution of air,
water or soil. Pollutants may include, but are not limited to: paints,
varnishes, and solvents; oil and other automotive fluids; non-hazardous
liquid and solid wastes and yard waste; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects and accumulations,
so that same may cause or contribute to pollution; floatables; pesticides,
herbicides, and fertilizers; hazardous substances and wastes; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building
or structure; and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
A professional engineer licensed in the State of Connecticut.
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 man-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
That portion of the precipitation (excess rainfall, snow
melt or irrigation) on a drainage area that is discharged from the
area in the form of flow across the surface of the ground.
A document which describes best management practices and
activities to be implemented by a person or business to identify sources
of pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems, and/or receiving waters to the maximum extent practicable.
The Town of Windsor Town Engineer or his/her designee.
The Town of Windsor Town Manager or his/her designee.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
This includes, but is not limited to lakes, ponds, rivers, and streams.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
(a)
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the municipal storm drainage system or watercourses
any materials, including but not limited to pollutants or waters containing
any pollutants that cause or contribute to a violation of applicable
water quality standards, other than stormwater. The commencement,
conduct or continuance of any illegal discharge to the storm drainage
system is prohibited except as described below:
(1)
The following discharges are exempt from discharge prohibitions established
by this article:
a.
Naturally occurring discharges such as rising groundwaters, uncontaminated
groundwater infiltration (as defined at 40 CFR 35.2005(20)), springs,
diverted stream flows, and natural riparian habitat or wetland flows;
b.
Uncontaminated pumped groundwater, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps;
c.
Water line flushing;
d.
Landscape irrigation; and
e.
Fire fighting activities.
(2)
Discharges specified in writing by the Town Engineer as being necessary
to protect health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal notification
to the Town Engineer prior to the time of the test.
(4)
The prohibition shall not apply to any non-stormwater 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 or CT DEP, provided that the discharge
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 drainage
system.
(b)
Prohibition of illegal connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drainage 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 article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
(a)
Suspension due to illicit discharges in emergency situations. The
Town Engineer may, without prior notice, suspend MS4 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 Town
Engineer 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.
(b)
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this article may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The Town Engineer will notify a violator
of the proposed termination of its MS4 access. The violator may petition
the Town Engineer 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 written
approval of the Town Engineer.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Town Engineer prior to the allowing of
discharges to the MS4.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
(a)
Applicability. This section applies to all premises that have stormwater
discharges associated with industrial and/or construction activities.
(b)
Access to premises.
(1)
The Town Engineer shall be permitted to enter and inspect premises
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharge 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 Town Engineer.
(2)
Persons shall allow the Town Engineer 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 Town Engineer shall have the right to set up on any premise such
devices as are necessary in the opinion of the Town Engineer to conduct
monitoring and/or sampling of the premise's stormwater discharge.
(4)
The Town Engineer has the right to require the discharger to install
monitoring equipment as necessary. The premise'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 premise to be inspected and/or sampled shall be promptly removed
by the person responsible for maintaining the premise at the written
or oral request of the Town Engineer and shall not be replaced. The
costs of clearing such access shall be borne by the person responsible
for maintaining the premise.
(6)
Unreasonable delays in allowing the Town Engineer access to a premise
is a violation of a stormwater discharge permit and of this article.
A person who is the operator of a premise with a NPDES permit to discharge
stormwater associated with industrial activity commits an offense
if the person denies the Town Engineer reasonable access to the premise
for the purpose of conducting any activity authorized or required
by this article.
(7)
If the Town Engineer has been refused access to any part of the premise
from which stormwater is discharged, and he 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 a routine
inspection and sampling program designed to verify compliance with
this article or any order issued hereunder; or to protect the overall
public health, safety, and welfare of the community, then the Town
Engineer may seek issuance of a search warrant from any court of competent
jurisdiction.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
The Town Engineer will implement requirements identifying best
management practices for any activity, operation, or facility which
may cause or contribute to pollution or contamination of stormwater,
the storm drainage system, or waters of the United States. The owner
or operator of a commercial or industrial establishment shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drainage
system or watercourses through the use of these structural and non-structural
BMPs. Further, any person responsible for a property or premise which
is or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural
and non-structural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed in compliance with the provisions of this section.
These BMPs shall be part of a stormwater pollution prevention plan
(SWPPP) as necessary for compliance with the requirements of the NPDES
permit.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property tree of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation has information of any known,
or suspected release of materials which, are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drainage system, or waters of the United States; said person
shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence. Additionally, in the event of a release
of hazardous and/or non-hazardous materials, said person shall notify
the Town Engineer in person or by phone no later than the next business
day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the Town Engineer within three business
days of the phone notice. If the discharge of prohibited materials
emanates from commercial or industrial activities, 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.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
(a)
Notice of violation. Whenever the Town Engineer finds that a person
has violated a prohibition or failed to meet a requirement of this
article he shall order compliance by written notice of violation to
the responsible person. Such notice may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit discharges or connections;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
(5)
The implementation of source control or treatment BMPs.
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If abatement of a violation and/or restoration of affected property
are required, the notice 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 will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
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(b)
Procedure for issuance of citations.
(1)
The Town Manager shall issue a written notice to any person who violates
any provision of this article. No written notice may be issued against
the state or any state official or employee acting within the scope
of his employment. Such written notice shall explain the nature of
the violation and the steps required for compliance, and shall allow
a seventy-two-hour period within which to correct the violation or
within which a written plan for correction shall be submitted to the
Town Manager, setting forth a reasonable time period for correction
of the violation as agreed upon by the Town Manager. A written notice
issued pursuant to this subsection shall be served:
(2)
Within two business days after the period for correction established
in subsection (b)(1) expires, the Town Engineer shall re-inspect the
subject property to determine compliance.
(3)
If the violations set forth in the written notice have not been corrected
at the time of re-inspection, the Town Manager, in his capacity as
chief executive officer, shall issue a citation and fine in the amount
of $250 for each violation by hand, by certified mail return receipt
requested, by leaving a true and attested copy of the citation at
the usual place of abode or residence of the person in violation,
or in the case of a corporate or business entity, delivery to the
business address or the address of the statutory agent of said entity.
No such fine shall be levied against the state or any state official
or state employee acting within the scope of his employment All citations
issued pursuant to this section shall state the violation for which
the citation is being issued, the fine imposed for the violation,
the time period within which the fine must be paid, and an address
for remittance of the fine.
(c)
Compliance periods after citation.
(1)
Any violation for which a citation is issued and which is not corrected
within the time period specified in subsection (b) shall be a new
violation of this article, and every twenty-four-hour period thereafter
in which the violation is not corrected shall constitute a new violation,
The citation shall include a notice to the alleged violator that each
twenty-four-hour period of noncompliance after the time period specified
in subsection (b) shall constitute a new violation and a new fine
of $250.
(2)
The Town Manager shall not be responsible for a daily re-inspection.
Rather the person to whom the citation has been issued shall be responsible
for reporting subsequent compliance by way of written report to the
Town Manager. The Town Manager shall re-inspect to confirm compliance
within one business day of receipt of such report.
(d)
Payment of fines.
(1)
All fines imposed under this article which are uncontested shall
be made payable to the Town of Windsor and shall be received by the
Town Manager within 10 business days from receipt of the citation.
All fines collected by the Town Manager shall be directed to the Town
finance Director to be deposited into the Town of Windsor general
fund.
(e)
Remedies not exclusive. 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 Town Engineer
to seek cumulative remedies.
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
[Ord. No. 09-03, 4-6-2009; Ord. No. 09-07, 9-8-2009]
The penalties established by this article shall not be exclusive
of any other enforcement remedy which may be imposed by the Town Manager,
or his designee, for violations of this article, as authorized by
any state statute, Town ordinance, or the inland wetlands and watercourses
regulations, of the Town of Windsor or otherwise any other penalty
that may be imposed by any local, state or federal agency.
