[Ord. of 10-4-10, § 1]
The purpose of this article is to provide for the health, safety,
and general welfare of the residents of Durham 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 storm drainage system in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process. The objectives of this article are:
(1) To regulate the contribution of pollutants to the storm drainage
system through stormwater discharges by any user.
(2) To prohibit illicit connections and discharges to the storm drainage
system.
(3) To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
[Ord. of 10-4-10, § 2]
For the purposes of this article, the following shall mean:
BEST MANAGEMENT PRACTICES (BMPs)
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.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of 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.
FACILITY
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
HEARING OFFICER
The person designated from time to time as a citation hearing officer under §
1-12 (or any successor provision) of the Code of Ordinances of the Town of Durham.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
16-87 of this article.
ILLICIT CONNECTIONS
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 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.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
PERSON
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.
POLLUTANT
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.
STORM DRAINAGE SYSTEM
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.
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 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.
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, streams
and any other surface water defined as a watercourse by the Town's
inland wetland regulations.
[Ord. of 10-4-10, § 3]
This article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the First Selectman or other public official or body having
jurisdiction thereof.
[Ord. of 10-4-10, § 4]
The First Selectman shall, in consultation with the Town Engineer,
administer, implement, and enforce the provisions of this article.
The First Selectman may delegate his/her powers and duties under this
article to an authorized designee.
[Ord. of 10-4-10, § 5]
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article 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 article.
[Ord. of 10-4-10, § 6]
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.
[Ord. of 10-4-10, § 8]
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.
Suspension due to the detection of illicit discharge. Any person
discharging to the storm drainage system in violation of this article
may have their 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.
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.
[Ord. of 10-4-10, § 9]
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.
[Ord. of 10-4-10, § 11]
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 their 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 (SWPP) as necessary for compliance with
requirements of the NPDES permit.
[Ord. of 10-4-10, § 12]
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.
[Ord. of 10-4-10, § 13]
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 (e.g.,
911 or similar emergency telephone numbers). 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.
[Ord. of 10-4-10, § 16]
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 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.
[Ord. of 10-4-10, § 17]
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the First Selectman may impose upon a
violator alternative compensatory action, such as storm drain stenciling,
attendance at compliance workshops, watershed cleanup, or other related
activities.
[Ord. of 10-4-10, § 18]
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/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
[Ord. of 10-4-10, § 19]
Any person that has violated or continues to violate this article
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 article, including
sampling and monitoring expenses.
[Ord. of 10-4-10, § 20]
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 First Selectman to seek
cumulative remedies. Compliance with the provisions of this article
shall not be construed to deprive any other state, federal or municipal
official or agency of jurisdiction over matters within their authority
or to eliminate the requirement that permits or licenses be obtained
from any relevant official or agency.