[HISTORY: Adopted by the Town of Hebron as
indicated in article histories. Amendments noted where applicable.]
[Adopted 11-9-1987 as Title VII, §§ F, G
and N and Title VIII, § E of the 1987 Code]
No sewage disposal system, septic tank or drain
field shall be constructed or installed until a permit for the same
has been issued by the Director of Health or his designee, and no
such installation shall be backfilled or otherwise closed until it
has been inspected and approved by said Director of Health or his
designee, and a fee shall be charged for such permit and inspection.
No well shall be dug, driven, drilled or abandoned
without first obtaining a permit from the Town Director of Health
or his designee. Application for such permit shall be accompanied
by certification by a professional engineer that such proposed location
is suitable for a well designed for a supply of potable water. No
such permit shall be approved by the Director of Health or his designee
that will, in his opinion, adversely affect or be adversely affected
by the water supply or sewage disposal systems of abutting property
owners. A fee shall be charged for such permit and inspection.
[Amended 7-16-1992 by Ord. No. 92-2; 6-5-2003]
The Board of Selectmen may direct the entering
into and upon any land for the purpose of correcting the flow of surface
water through existing watercourses which prevent or may tend to prevent
the free discharge of municipal highway surface water through said
course.
A.
The drainage of water, septage or sewage, from any
source or cause other than from the uninterrupted flow of surface
water through natural watercourses, from private property onto any
Town road or catch basin is prohibited.
B.
Notwithstanding the provisions hereinabove, clean
water from footing drains or similar drains may be drained into Town
catch basins with written permission of the Town Manager or his designee,
which permission shall be given only if the following conditions are
met:[1]
(1)
The road drainage system is of sufficient capacity
to handle the additional flow;
(2)
The amount of water flow is certified to the Town
Manager, and if required by the Town Manager a professional engineer
shall supply a design of a proposed installation to the Board of Selectmen;
(3)
The proposed installation is approved by the Public
Works Maintenance Superintendent; and
(4)
Installation and the expense thereof shall be the
sole responsibility of the private property owner.
C.
The penalty for a violation of this section shall
be $35. If the prohibited condition occurs for more than one day,
each day the condition continues shall be a separate violation.
[Added 7-11-1991 by Ord. No. 91-3]
A.
The Water Pollution Control Authority may issue a
written order to any person violating any provision of the Water Pollution
Control Authority Sewer Regulation requiring that such violation cease
by a date specified in the order.[1]
B.
Any person violating Section 6.0 of the Water Pollution Control Authority Sewer Regulation or failing to obey an order issued pursuant to Subsection A of this section shall be guilty of a violation and shall be fined an amount not exceeding $150 for each day on which such violation occurs or continues.[2]
C.
Any person violating any of the provisions of this section or of the Water Pollution Control Authority Sewer Regulation shall, in addition to any fines or penalties under Subsection B hereof, be civilly liable to the Town of Hebron for any expense, loss or damage incurred by it by reason of such violation.
D.
Any person violating General Statutes § 22a-430
shall be subject to monetary penalties and forfeitures pursuant to
General Statutes § 22a-438.
[Adopted by 5-3-2007 by Ord. No.
2007-3]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Town
of Hebron through the regulation of nonstormwater discharges to the
storm drainage system to the maximum extent practicable as required
by federal and state law. 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:
A.
To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user.
B.
To prohibit illicit connections and discharges to
the municipal separate storm sewer system.
C.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article.
For the purposes of this article, the following
terms shall have the meanings indicated:
Employees or designees of the Town Manager.
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 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 subject to NPDES construction permits. These include
construction projects resulting in land disturbance of five acres
or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
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 nonstormwater discharge to the storm drain system, except as exempted in § 295-11A of this article.
Either of the following:
Any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm
drain system, including but not limited to any conveyances which allow
any nonstormwater 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.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
A permit issued by the Environmental Protection Agency [or
by a state under authority delegated pursuant to 33 U.S.C. § 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 drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnance, 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.
Publicly owned facilities by which stormwater is collected
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.[1]
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the 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 receiving waters to the maximum extent practicable.[2]
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
The Town Manager shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the authorized enforcement agency may be delegated
in writing by the Town Manager to persons or entities acting in the
beneficial interest of or in the employ of the agency.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
A.
Prohibition of illegal discharges. No person shall
discharge or cause to be discharged into the municipal storm drain
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 drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article: waterline flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated pumped groundwater, foundation or footing drains
(not including active groundwater dewatering systems), crawl space
pumps, room unit air-conditioning incidental condensation, springs,
charity car washes under Department of Environmental Protection guidelines,
natural riparian habitat or wetland flows, draining of swimming pools
(if dechlorinated, typically less than one part per million chlorine),
firefighting activities, and the composting or disposal/distribution
of agricultural wastes in ways that comply with the Manual of Best
Management Practices for Agriculture, most current edition, published
by the Connecticut Department of Environmental Protection and the
United States Department of Agriculture Soil Conservation Service.[1]
(2)
Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
(3)
Dye testing is an allowable discharge but requires
a verbal notification to the authorized enforcement agency prior to
the time of the test.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the Federal Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided
that written approval has been granted for any discharge to the storm
drain system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the MS4
or allows such a connection to continue.
A.
Suspension due to illicit discharges in emergency
situations. The Town Manager or his/her designee 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 authorized enforcement agency may
take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the United States or to minimize danger to
persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of
this article may have his MS4 access terminated if such termination
would abate or reduce an illicit discharge. The authorized enforcement
agency will notify a violator of the proposed termination of its MS4
access. The violator may petition the authorized enforcement agency
for a reconsideration and hearing.
(2)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the authorized enforcement agency.
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 Manager or his/her designee prior
to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B.
Access to facilities.
(1)
The Town Manager or his/her designee 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 necessary arrangements to allow access to representatives
of the authorized enforcement agency.
(2)
Facility operators shall allow the Town Manager or
his/her designee 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 Manager or his/her designee shall have the
right to set up on any permitted facility such devices as are necessary
in the opinion of the authorized enforcement agency to conduct monitoring
or sampling of the facility's stormwater discharge.[1]
(4)
The Town Manager or his/her designee has the right
to require the discharger to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure stormwater flow and
quality shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected or sampled shall be promptly
removed by the operator at the written or oral request of the Town
Manager or his/her designee and shall not be replaced. The costs of
clearing such access shall be borne by the operator.[2]
(6)
Unreasonable delay in allowing the Town Manager or
his/her designee access to a permitted facility is a violation of
a stormwater discharge permit and of this article. A person who is
the operator of a facility with a NPDES permit to discharge stormwater
associated with industrial activity commits an offense if the person
denies the authorized enforcement agency reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this article.
(7)
If the Town Manager or his/her designee 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
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 authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.[3]
The Town Manager or his/her designee will adopt
requirements identifying best management practices for any activity,
operation, or facility which may cause or contribute to pollution
or contamination of stormwater, the storm drain system, or waters
of the United States. The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the municipal storm drain system or watercourses through the
use of these structural and nonstructural BMPs. Further, any person
responsible for a property or premises which is, or may be, the source
of an illicit discharge may be required to implement, at said person's
expense, additional structural and nonstructural 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 compliance with
the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan as necessary for compliance with requirements
of the NPDES permit.
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 free 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.
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 illegal discharges or pollutants discharging into
stormwater, the storm drain 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 a release
of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services.
In the event of a release of nonhazardous materials, said person shall
notify the authorized enforcement agency in person or by phone or
facsimile 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 Manager or his/her designee within three business 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.
A.
Notice of violation. Whenever the Town Manager or
his/her designee finds that a person has violated a prohibition or
failed to meet a requirement of this article, the authorized enforcement
agency may 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 connections or discharges;
(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;
(5)
Payment of a fine to cover administrative and remediation
costs; and
(6)
The implementation of source control or treatment
BMPs.
B.
If abatement of a violation or restoration of affected
property is 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.[1]
Any person receiving a notice of violation may
appeal the determination of the authorized enforcement agency. The
notice of appeal must be received within 14 days from the date of
the notice of violation. Hearing on the appeal before the appropriate
authority or his/her designee shall take place within 15 days from
the date of receipt of the notice of appeal. The decision of the municipal
authority or its designee shall be final.
If the violation has not been corrected pursuant
to the requirements set forth in the notice of violation or, in the
event of an appeal, within 14 days of the decision of the municipal
authority upholding the decision of the authorized enforcement agency,
then representatives of the authorized enforcement agency shall enter
upon the subject private property and are authorized to take any and
all measures necessary to abate the violation or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
A.
Within 30 days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within 14 days. If the amount
due is not paid within a timely manner as determined by the decision
of the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
B.
Any person violating any of the provisions of this
article shall become liable to the Town by reason of such violation.
The liability shall be paid in not more than 12 equal payments. Interest
at the rate of 18% per annum shall be assessed on the balance beginning
on the first day following discovery of the 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 authorized enforcement agency 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 or remediation of the violation.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this article, the authorized enforcement
agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
and creek cleanup.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare and is declared and deemed a nuisance
and may be summarily abated or restored at the violator's expense,
and a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
A.
Any person that has violated or continues to violate
this article shall be liable to criminal prosecution to the fullest
extent of the law and shall be subject to a criminal penalty of $100
per violation per day and imprisonment for a period of time not to
exceed 360 days.[1]
B.
The authorized enforcement agency may recover all
attorneys' fees, court costs and other expenses associated with enforcement
of this article, including sampling and monitoring expenses.
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 authorized
enforcement agency to seek cumulative remedies.
