[HISTORY: Adopted by the Town Council of the Town of Glocester 4-16-2009, effective 4-16-2009. Amendments
noted where applicable.]
The following words and terms shall have the following meanings
for the purposes of this chapter.
Any direct or indirect non-stormwater discharge to the municipal stormwater drainage system, except as exempted in § 243-2A of this chapter.
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.
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.
Any discharge to the municipal stormwater drainage system
that is not composed entirely of stormwater.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A.Â
Prohibition of illicit discharges. Non-stormwater discharge is expressly
prohibited from entering the municipal stormwater drainage system,
unless the discharge has received all required federal, state and
local permits including the Rhode Island Pollutant Discharge Elimination
System (RIPDES) or is included in one of the following categories
of discharges: discharges which result from the wash down of vehicles
at retail dealers selling new and used automobiles where no detergents
are used and individual residential car washing; external building
wash down where no detergents are used; the use of water to control
dust; fire-fighting activities; fire hydrant flushing; natural springs;
uncontaminated groundwater; dechlorinated pool discharges; air-conditioning
condensate; lawn watering; potable water sources including waterline
flushing; irrigation drainage; pavement wash waters where spills or
leaks of toxic or hazardous materials have not occurred (unless all
spilled materials have been removed) and where detergents are not
used; discharges from foundation or footing drains where flows are
not contaminated with process materials such as solvents, or contaminated
by contact with soils where spills or leaks of toxic or hazardous
materials have occurred; uncontaminated utility vault dewatering;
dechlorinated waterline testing water; hydrostatic test water that
does not contain any treatment chemicals and is not contaminated with
process chemicals.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the municipal stormwater drainage system is prohibited.
(2)Â
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. A person is considered to be in violation
of this chapter if the person connects a line conveying non-stormwater
to the municipal stormwater drainage system or allows such a connection
to continue.
(3)Â
A person is in violation of this chapter if he connects a line conveying
non-stormwater to the municipal stormwater drainage system, or allows
such a connection to continue.
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.
A.Â
If an illicit discharge to the municipal stormwater drainage system is detected, the owner shall cease the discharge. If the discharge does not cease within seven calendar days, the owner may be fined in accordance with the provisions of Chapter 368 of the Glocester Code of Ordinances, and the Town of Glocester shall have the right to take the available appropriate remedies it deems necessary to correct the violations and to place a lien on the subject property in an amount equal to the cost of the remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of liens on real or personal property. The lien shall be recorded in the land evidence records of the Town of Glocester and the amount thereof shall accrue legal interest from the date of the recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including revocation of the performance bond or assessment of a lien on the property.
B.Â
Any individual or other party is prohibited from discharging waste, including construction waste, building material, truck washout, chemicals, litter, sanitary wastes or other waste into the municipal stormwater drainage/system. If such a violation occurs, the individual or other party may be fined in accordance with the provisions of Chapter 368 of the Glocester Code of Ordinances, and the Town may also require removal of the waste within 10 calendar days at the violator's expense. The Town may charge the violator any costs associated with removal or repair of damage resulting from the violation.
