[HISTORY: Adopted by the Town Meeting of the Town of Old
Saybrook 6-26-2012. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of Old Saybrook through the regulation
of nonstormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. This chapter
establishes methods for controlling the introduction of pollutants
into the storm drainage system in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process. The objectives of this chapter are to:
A.
Regulate the contribution of pollutants to the storm drainage system
through stormwater discharges by any user.
B.
Prohibit illicit connections and discharges to the storm drainage
system.
C.
Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter.
For the purposes of this chapter, the following shall mean:
Schedules of activities, prohibition 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. Currently
these include construction projects resulting in land disturbance
on five acres or more. Beginning in March 2003, NPDES stormwater Phase
II permits have been required for construction projects resulting
in land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
The Old Saybrook First Selectman or his/her authorized designee.
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.
The person designated from time to time by the First Selectman to hear appeals in accordance with § 183-14 herein.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 183-6 of this chapter.
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 the First Selectman; 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 the
First Selectman or other public official or body having jurisdiction
thereof.
Activities subject to NPDES industrial permits as defined
in 40 CFR, 122.26 (b) (14).
A permit issued by the EPA [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, ordinances, 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.
The 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 surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document that 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/or receiving waters to the maximum extent practicable.
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, streams
and any other surface water defined as a watercourse by the Town's
Inland Wetland Regulations[1].
This chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the First Selectman.
The First Selectman shall, in consultation with the Town Engineer,
administer, implement, and enforce the provisions of this chapter.
The First Selectman may delegate his/her powers and duties under this
chapter to an authorized designee.
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore this chapter 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 storm drainage system 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 as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter: 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, air-conditioning
condensation, springs, noncommercial washing of vehicles, natural
riparian habitat or wetland flows, swimming pools (if dechlorinated,
typically less than one PPM chlorine), fire-fighting activities, and
any other water source not containing pollutants.
(2)
Discharges specified in writing by the First Selectman as being necessary
to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a written notification
to the First Selectman prior to the time of the test. Said written
notification may be in the form of electronic mail, facsimile transmission
or hard copy letter format.
(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 chapter if the
person connects a line conveyance sewage to the storm drainage system,
or allows such a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
First Selectman may, without prior notice, suspend storm drainage
system 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 storm drainage system or waters of
the United States. If the violator fails to comply with a suspension
order issued in an emergency, the First Selectman may take such steps
as deemed necessary to prevent or minimize damage to the storm drainage
system or waters of the United States, or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the storm drainage system in violation of this chapter
may have his or her storm drainage system access terminated if such
termination would abate or reduce an illicit discharge. The First
Selectman will notify a violator of the proposed termination of its
storm drainage system access. The violator may petition the First
Selectman for reconsideration and hearing.
C.
A person commits an offense if the person reinstates storm drainage
system access to premises terminated pursuant to this section, without
the prior approval of the First Selectman.
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 First Selectman prior to the allowing
of discharges to the storm drainage system.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial or construction activity, and
any other commercial or residential facilities that discharge stormwater
to the storm drainage system.
B.
Access to facilities.
(1)
The First Selectman shall be permitted to enter and inspect facilities
subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. 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 or designees of the
First Selectman.
(2)
Facility operators shall allow the First Selectman ready access to
all parts of the facility for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions
of a Town, state or federal NPDES permit to discharge stormwater,
and the performance of any additional duties as defined by state and
federal law.
(3)
The First Selectman shall have the right to set up on any NPDES permitted
facilities such devices as are necessary in the opinion of the First
Selectman to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The First Selectman has the right to require the installation of
sampling and monitoring equipment on any NPDES permitted facility
by the discharger at its own expense. 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 and/or sampled shall be promptly removed
by the operator at the written or oral request of the First Selectman
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
(6)
Unreasonable delays in allowing the First Selectman access to a permitted
facility is a violation of a stormwater discharge permit and of this
chapter. 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 First Selectman reasonable access
to the permitted facility for the purpose of conducting any activity
authorized or required by this chapter.
(7)
If the First Selectman has been refused access to any part of the
facility from which stormwater is discharged, and he/she is able to
demonstrate probable cause to believe that there may be a violation
of this chapter, 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 chapter or any order issued hereunder, or to
protect the overall public health, safety, and welfare of the community,
then the First Selectman may seek issuance of a search warrant from
any court of competent jurisdiction.
The First Selectman 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 drainage system, or waters of the United States. The owner
or operator of a commercial or industrial establishment shall provide,
at his or her own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the storm drainage system
or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or facility,
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 storm drainage system as directed by the First Selectman. Compliance
with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial or construction
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 (SWPPP) 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 drainage system, or water 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 First Selectman in person or by phone, electronic mail 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 First Selectman 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.
(1)
Whenever the First Selectman finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, he/she shall order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit discharges or connections;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
(e)
The implementation of source control or treatment BMPs.
(2)
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 First Selectman may order the work be done by a designated governmental agency or a contractor and the violator fined an amount equal to the expense thereof in addition to any fines imposed in Subsection B or C of this section.
B.
Procedure for issuance of citations.
(1)
The First Selectman shall issue a written notice to any person who
violates any provision of this chapter. No written notice may be issued
against the state or any state official or state 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 First Selectman, setting forth a reasonable time period for
correction of the violation as agreed upon by the First Selectman.
A written notice issued pursuant to this subsection shall be served:
by hand delivery, at which time the seventy-two-hour period shall
begin; or by certified mail, return receipt requested and by regular
first class mail. Three business days shall be allowed for mail delivery
of the notice prior to the commencement of the seventy-two-hour period.
(2)
Within two business days after the period for correction established in Subsection A expires, the First Selectman shall reinspect the subject property to determine compliance.
(3)
If the violations set forth in the written notice have not been corrected
at the time of reinspection, the First Selectman, in his/her capacity
as chief executive officer, may issue a citation and fine of up to
$100 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 of this section shall be a new violation of this chapter, 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 up to $100.
(2)
The First Selectman shall not be responsible for a daily reinspection.
Rather, the person to whom the citation has been issued shall be responsible
for reporting subsequent compliance by way of written report to the
First Selectman. The First Selectman shall reinspect to confirm compliance
within one business day of receipt of such report.
D.
Payment of fines. All fines imposed under this chapter which are
uncontested shall be made payable to the Town of Old Saybrook and
shall be received by the First Selectman within 10 calendar days from
date of notice of the citation. All fines collected by the First Selectman
shall be deposited into the Town of Old Saybrook General Fund.
A.
If the First Selectman issues a notice of violation, the First Selectman
shall send written notice of action and a statement of the right to
an appeal to the facility operator or facility owner.
B.
The facility operator or facility owner may appeal a notice of violation
to the First Selectman by setting forth in writing the reasons for
the appeal within 15 calendar days after date of the notice of violation.
C.
The facility operator or facility owner may appeal the decision of
the First Selectman to the hearing officer as follows:
(1)
The facility operator or facility owner may file a written request
for a review by paying an appeal fee of $25 and setting forth the
reasons for the appeal within 20 calendar days after the date of notification
of the decision from the First Selectman. Appeal fees shall be returned
to the appealing facility operator or facility owner if the appeal
is upheld.
(2)
The hearing officer shall conduct a hearing within 30 calendar days
of the receipt of the request. The hearing shall be informal in nature.
The person requesting the hearing may testify concerning the facts,
circumstances and nature of his/her appeal and may present supporting
documentation. The hearing officer shall render a written decision
within 15 calendar days of the hearing. The decision will affirm or
reverse the decision of the First Selectman.
D.
Filing of a request for appeal shall stay the action by the First
Selectman requiring payment of a surcharge until the hearing officer
has completed his review. If a request for appeal is not made within
the twenty-calendar day period, the action of the First Selectman
is final.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, the First Selectman 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 chapter, the First Selectman may impose upon a
violator alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, watershed cleanup, or other related
activities.
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 chapter 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/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
Any person that has violated or continues to violate this chapter
shall be liable to criminal prosecution to the fullest extent of the
law. The First Selectman may recover all attorneys' fees, court
costs, and other expenses associated with enforcement of this chapter,
including sampling and monitoring expenses.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the First Selectman to seek
cumulative remedies.
