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.
The Town Engineer is hereby appointed to administer, implement,
and enforce the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
BEST MANAGEMENT PRACTICES (BMPs)
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.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits, CT DEP
construction permits or Town of Farmington 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.
CT DEP
The Connecticut Department of Environmental Protection.
HAZARDOUS MATERIALS
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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in §
169-39 of this article.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A.
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
B.
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.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26(b)(14).
MS4
Municipal separate storm sewer system.
PERSON
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.
POLLUTANT
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; nonhazardous
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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORM 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 man-made
or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
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.
STORMWATER RUNOFF
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.
TOWN ENGINEER
The Town of Farmington Town Engineer or his/her designee.
TOWN MANAGER
The Town of Farmington Town Manager or his/her designee.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
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.
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.
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 its 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 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 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.
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 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 nonhazardous 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.
The procedure for admitting liability to a violation under this article, and the hearing procedure for any citation issued pursuant to this article, shall be in accordance with the provisions set forth in Chapter
91 of the Code of the Town of Farmington.
Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this article may appeal and shall be advised of his/her right to appeal in accordance with the provisions set forth in Chapter
91 of the Code of the Town of Farmington.
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/her 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 Farmington or otherwise any other penalty
that may be imposed by any local, state or federal agency.
The enactment of this article shall not operate as an abatement
of any action or proceeding previously taken, now pending, or taken
prior to the effective date of this article. All said actions and
proceedings are hereby ratified to be continued.
All provisions of the Town Code in conflict herewith are hereby
repealed and if, for any reason, any word, clause, paragraph, or section
of this article shall be held to make the same unconstitutional, this
article shall not hereby be invalidated and the remainder of the ordinance
shall continue in effect. Any provision herein which is in conflict
with the Connecticut General Statutes is hereby repealed, it being
understood that said statutes shall take precedence over this article.
The Legislature of the State of Connecticut has, in Title 7, Chapter
98, Section 7-148(c)(7), of the General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
This article shall become effective ten (10) days after publication
in a newspaper having a circulation in Farmington.