No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, sump pump discharge, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Town Engineer. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Town Engineer and the granting of a discharge permit by the State Department of Energy and Environmental Protection, to a storm sewer or natural outlet.
A.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1)
Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
(2)
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant;
(3)
Any and all wastes or waters which do not conform to the appropriate pretreatment standards of the State Department of Energy and Environmental Protection;
(4)
Any water or wastes having a pH lower than 6.5 or higher than 9.5 or having any other corrosive property or characteristic capable of causing damage or hazard to structures, equipment or personnel of the sewage works;
(5)
Solid or viscous substances in quantities of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
B.
No person shall discharge or cause to be discharged the following defined prohibited substances, whether contained in materials, waters or wastes, if it appears likely in the opinion of the Town that such wastes can harm either the sewers, sewage treatment plant or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. Sampling shall be carried out by customarily accepted methods to reflect the effect of prohibited substances upon the sewage works and to determine the existence of hazards of life, limb and property. In forming an opinion as to the acceptability of these wastes, the Town will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
(1)
Any liquid or vapor having a temperature higher than 150° F. (66° C.).
(2)
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg. per liter or containing substances which may solidify or become viscous at temperatures between 32˚ and 150° F. (0˚ and 66° C.).
(3)
Any garbage that has not been properly shredded. The installation and operation of any garbage grinders equipped with a motor of 3/4 horsepower or greater shall be subject to review and approval of the Building Inspector.
(4)
Any water or wastes exerting an excessive chlorine requirement to such a degree that any such material received in the composite sewage at the sewage treatment plant exceeds the limits established by the Superintendent.
(5)
Phenols or other taste- or odor-producing substances in such concentration so as to exceed limits established by the Superintendent, as necessary, after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(6)
Any radioactive materials or isotopes of such half-life or concentration as may exceed limits established by the Superintendent with applicable state or federal regulations.
(7)
Materials which contain or cause:
(a)
Unusual concentration, as determined by the Superintendent, of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, lime, residues) or dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(b)
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(c)
Unusual BOD, chemical oxygen demand or chlorine requirements, as determined by the Superintendent, in such quantities to constitute a significant load on the sewage treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting a slug, as defined herein.
(8)
Strong acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
(9)
Any and all toxic and poisonous materials, including but not limited to cyanides, copper, zinc, nickel, iron, chromium, lead, tin, silver, mercury or salts thereof.
(10)
Materials which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degrees that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
C.
No person shall discharge into the public sewer any industrial or commercial waters or wastes without obtaining an appropriate permit from the State Department of Energy and Environmental Protection pursuant to C.G.S. § 22a-430 prior to discharge of such waters or wastes.
If any waters or wastes discharged or proposed to be discharged to sewers discharging to the sewage treatment plant contain the substances or possess the characteristics enumerated in § 345-44, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processed equipment or receiving waters, or which otherwise create a hazard to life and constitute a public nuisance, the Superintendent may:
Grease, oil and sand interceptors shall be provided by the owner at his expense when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Town, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters or other appurtenances in the building sewer to facilitate observation, sampling and measurement of wastes. An approved valve or gate shall be provided in the manhole to prevent the industrial waste from being discharged into the Town sewage system if it becomes necessary for the Superintendent to reject this industrial waste in accordance with § 345-45. Such manholes, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Town. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Inc., and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by the Superintendent with such assistance as necessary from the industry, using customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
All industries discharging into a public sewer shall perform such monitoring of their discharge as the Superintendent or other duly authorized employee of the Town may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records, and reporting the results of such monitoring to the Superintendent. Such records shall be made available upon request by the Superintendent to other agencies having jurisdiction over discharges to the receiving water.
All establishments discharging industrial wastes into the Town sewage system shall obtain a permit from the Town. The Director of Public Works shall determine the information required to be included on the application for such permit. Acceptable average and peak rates of flow and concentration of pollutants shall be prescribed by the Superintendent. In no instance shall the flow rate exceed 125 gallons per minute. Average and peak rates of flow shall be determined at the applicant's expense by a certified testing laboratory or an established consultant. All permits shall be valid for a period not to exceed five years.
[Added 5-28-2024[1]]
A.
Purpose/intent. The purpose of this section is to 1) comply with requirements of the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4) issued by the Connecticut Department of Energy and Environmental Protection (DEEP) pursuant to the authority delegated to it by the US Environmental Protection Agency pursuant to 33 U.S.C. § 1342(b) for permitting the discharge of pollutants to waters of the United States under the National Pollutant Discharge Elimination System (NPDES), and 2) provide for the health, safety, and general welfare of the citizens of Southington through the regulation of non-stormwater discharges to Southington's publicly owned stormwater drainage system to the maximum extent practicable as required by federal and state law. The objectives of this section are:
(1)
To control the contribution of pollutants to Southington's MS4 by stormwater discharges by any person;
(2)
To prohibit and eliminate illicit connections and discharges to the municipal separate storm sewer system; and
(3)
To establish pursuant to § 7-157 of the Connecticut General Statutes the legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this section.
B. BEST MANAGEMENT PRACTICES or BMP CLEAN WATER ACT CONNECTICUT WATER QUALITY STANDARDS CONSTRUCTION ACTIVITY DEEP DIRECTOR FACILITY HAZARDOUS MATERIALS ILLICIT CONNECTION(S)(1) (2) ILLICIT DISCHARGE INDUSTRIAL ACTIVITY MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT NON-STORMWATER DISCHARGE PERSON POLLUTANT POLLUTION PROPERTY STORMWATER STORMWATER POLLUTION PREVENTION PLAN or SPPP TOWN COUNCIL WASTEWATER WATERS OF THE STATE
Definitions. As used in this section, the following definitions shall apply:
Means the schedule(s) of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the state consistent with state, federal or other equivalent and technically supported guidance. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from material storage.
Means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
Means those standards adopted and amended by the DEEP pursuant to § 22a-426 of the Connecticut General Statutes.
Means any activity associated with construction at a site including, but not limited to, clearing and grubbing, grading, excavation, and dewatering.
Means the Connecticut Department of Energy and Environmental Protection.
Means the Southington Director of Public Works.
Means anything that is built or installed to perform some particular function or anything that aids or makes easier the performance of activities involved in the business of a person or corporation.
Means 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.
Means
Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter Southington's MS4 including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter Southington's MS4 and any connections to Southington's MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by either the DEEP, the Southington Planning and Zoning Commission, or Southington Inland Wetlands Commission; or
Any drain or conveyance connected from commercial or industrial land use to Southington's MS4 which has not been documented in plans, maps, or equivalent records and approved by either the DEEP, the Southington Planning and Zoning Commission, or Southington Inland Wetlands Commission.
Means any discharge to waters of the state that does not consist entirely of stormwater or uncontaminated groundwater except those discharges identified in Subsection H of this section.
Means any activity subject to NPDES industrial permits as defined in 40 CFR 122.26 (b)(14).
Means the conveyances for stormwater (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made or altered drainage channels, piped storm drains, retention and detention basins, reservoirs, and other drainage structures) owned or operated by the Town of Southington or by any state or federal institution and discharging to surface waters of the state.
Means any permit issued by the DEEP pursuant to authority delegated to it by the US Environmental Protection Agency 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.
Means any discharge to Southington's MS4 that is not composed entirely of stormwater.
Means any individual, partnership, association, firm, limited liability company, corporation or other entity recognized by law and acting as either the owner or as the owner's agent, except a municipality, and includes the federal government, the state or any instrumentality of the state, and any officer or governing or managing body of any partnership, association, firm or corporation or any member or manager of a limited liability company.
Means anything which causes or contributes to pollution.
Means any harmful thermal effect or the contamination or rendering unclean or impure of any waters of the state by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly to come in contact with any waters; 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.
Means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips, equipment, or facility.
Means waters consisting of rainfall runoff, including snow or ice melt, during a rain event.
Means 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.
Means the Southington Town Council.
Means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
Means all rivers, brooks, watercourses, waterways, wells, springs, lakes, ponds, marshes, drainage systems, and all other surface or underground streams, bodies or accumulations of water, natural or artificial, public or private, which are contained within, flow through or border upon the state of Connecticut or any portion thereof.
C.
Applicability. This section shall apply to all water entering Southington's MS4 generated on any developed and undeveloped lands unless explicitly exempted by the Director.
D.
Responsibility for administration. The Director shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the Director may be delegated in writing by the Director to persons or entities acting in the beneficial interest of or in the employ of the Town of Southington.
E.
Compatibility with other regulations. This section is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
F.
Severability. The provisions of this section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.
G.
Ultimate responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore, this section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.
H.
Discharge and connection prohibitions.
(1)
Prohibition of illicit discharges and exemptions.
(a)
No person shall throw, drain or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into Southington's MS4 any pollutants or waters containing any pollutants that cause or contribute to a violation of Connecticut water quality standards, as amended.
(b)
The commencement, conduct, or continuance of any illicit discharge to Southington's MS4 is prohibited except as described as follows:
[1]
The following discharges are exempt from discharge prohibitions established by this section: uncontaminated groundwater discharges including, but not limited to, pumped groundwater, foundation drains, water from crawl space pumps and footing drains; irrigation water including, but not limited to, landscape irrigation and lawn watering runoff; residual street wash water associated with sweeping; discharges or flows from firefighting activities (except training); and naturally occurring discharges such as rising groundwaters, uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20), springs, diverted stream flows and flows from riparian habitats and wetlands.
[2]
Any non-stormwater discharge to Southington's MS4 authorized by a permit issued pursuant to § 22a-430 or § 22a-430b of the Connecticut General Statutes is also authorized under this section.
(2)
Prohibition of illicit connections.
(a)
The construction, use, maintenance, or continued existence of illicit connections to Southington's MS4 is prohibited.
(b)
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.
(c)
A person is considered to be in violation of this section if the person makes a connection conveying sewage to Southington's MS4, or allows such a connection to continue.
I.
Investigation of suspected illicit discharges. Upon the receipt of a complaint or evidence that an illicit discharge and/or connection exists, the Director shall conduct or cause an investigation to determine the existence and/or origin of the illicit discharge and/or illicit connection. The Director will make or cause preliminary contact with the property owner or facility operator and seek abatement of the illicit discharge and/or illicit connection. If the source appears to originate from property containing an industrial or construction site, the Director may (or may cause) additionally contact the DEEP to determine if the property is subject to permitting by the DEEP and assess if the illicit discharge and/or connection is in violation of the DEEP permit. If within 60 days of the preliminary contact the property owner or facility operator of such permitted property does not willingly abate the illicit discharge/connection the Director shall either issue an order to abate pursuant to the provision of this section and/or notify the DEEP of the suspected permit violation for enforcement action by the DEEP.
J.
Industrial or construction activity discharges. 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 Director prior to the allowing of discharges to Southington's MS4.
K.
Notification of spills. 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 illicit discharges or pollutants discharging into stormwater, Southington's MS4, or water of the state 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 DEEP Emergency Response Unit and the Southington Fire Department. In the event of a release of non-hazardous materials, said person shall notify the Director 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 Director of Public Works, Southington Municipal Center, 196 North Main St, Southington, CT 06489, within two 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.
L.
Suspension of MS4 access.
(1)
Suspension due to illicit discharges in emergency situations. In the event the Director finds an actual or threatened discharge presents or may present an imminent and substantial danger to the environment, or to the health or welfare of persons, or to Southington's MS4 or waters of the state, the Director will immediately notify the DEEP of such danger and may, without additional notice, take actions to cause the immediate suspension of the MS4 discharge access to Southington's MS4. Such actions may include but are not limited to the physical blockage to Southington's MS4 and issuing an order to immediately abate the illicit discharge pursuant to Subsection M of this section.
M.
Enforcement; order to abate.
(1)
Whenever the Director finds that a person has created or is maintaining an illicit discharge and/or illicit connection to the Southington MS4 in violation of Subsection H of this section, the Director may issue by certified mail a written order to abate such discharge and/or connection and cause the termination of such discharge and/or connection. The order may require without limitation:
(a)
The elimination of illicit connections and/or discharges;
(b)
That violating discharges, practices, or operations shall cease and desist;
(c)
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(d)
Payment to recoup costs incurred by the Director;
(e)
Suspension of any discharge to Southington's MS4 system consistent with Subsection L of this section; and
(f)
The implementation of source control or treatment BMPs.
(2)
If abatement of the violation and/or remediation of affected property is required, the order shall set forth a deadline within which such abatement and/or remediation must be completed. Where elimination is not possible within 60 days of source confirmation, a schedule for its elimination will be set for no more than 180 days.
(3)
Said order shall further instruct that, should the actions required by the order fail to be completed within the established deadline, such actions may be performed at the Director's direction; the person to whom the order is issued is liable for any expenses incurred by the Director in abating the violation.
N.
Appeal of order to abate. Any person receiving an order to abate may in writing appeal the order to the Southington Town Manager for reconsideration. The notice of appeal must be received within 14 days from the date of the order to abate. A hearing on the appeal before the Southington Town Manager or their designee shall take place within 21 days from the date of receipt of the notice of appeal. The decision of the Town Manager's office shall be final.
O.
Enforcement measures after appeal.
If the illicit discharge or illicit connection has not been abated pursuant to the requirements set forth in the order to abate, or, in the event of an appeal, within 14 days of the decision of the Board of Selectmen upholding the decision of the Director, then the Director shall 1) in the case of industrial discharges, refer the matter to the DEEP for its enforcement under § 22a-432 of the Connecticut General Statutes, or 2) in the case of construction activities causing pollution to waters of the state by the failure to control erosion and sedimentation, refer the matter to either the DEEP, the Southington Inland Wetlands Commission or the Southington Planning and Zoning Commission, as the Director deems appropriate.
P.
Cost of abatement of the violation. Within 45 days after abatement of the violation, the owner of the property will be notified in writing by certified mail of the cost of abatement, including administrative costs, and the payment requirements. The property owner may file a written protest objecting to the amount of the assessed costs within 14 days of written notification. If the amount due is not paid within a timely manner as determined by the decision of the Town Council or by the expiration of the time in which to file an appeal, the cost of the abatement charges shall become a special tax assessment against the property and subject to collection pursuant to the provisions of § 12-172 and § 12-173 of the Connecticut General Statutes. Payment and interest on abatement charges shall be in accordance with § 12-144 of the Connecticut General Statutes unless otherwise determined by the Board of Selectmen.
Q.
Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. If a person has violated or continues to violate the provisions of this section or order to abate, the Director, Southington Town Manager, Southington Town Attorney or Town Council may petition for a permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
R.
Violations deemed a public nuisance. In addition to the enforcement processes and penalties allowed by law, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance.
S.
Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Director to seek cumulative remedies.
T.
Adoption of section.
This section shall be in full force and effect 21 days after its publication in a newspaper of general circulation in Southington. All prior ordinances and parts of ordinances in conflict with this section are hereby repealed.
No statement contained in this chapter shall be construed as preventing any special written contractual agreement between any industrial concern and the Town whereby an industrial waste of unusual strength or characteristics may be accepted by the Town for treatment, subject to payment therefor by the industrial concern, provided that such agreements do not contravene any requirements of existing federal law and are compatible with any user charge and industrial cost recovery system in effect. Any such special agreement must be authorized and approved by the Town Council and the State Department of Energy and Environmental Protection prior to the initiation of sewage service to the industrial concern.