[HISTORY: Adopted by the Town Council of the Town of West
Greenwich as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-10-2009 by Ord. No. 90]
This Illicit Discharge Stormwater Ordinance has been adopted
in order to comply with the Illicit Discharge Detection and Elimination
requirements of RIPDES Permit No. RIR040029 (West Greenwich coverage
under the General Permit).
A.
Contaminated stormwater runoff is a major cause of impairment of
water quality in lakes, ponds, streams, rivers, wetlands, and groundwater;
contamination of drinking water supplies; and alteration or destruction
of aquatic and wildlife habitat. Regulation of illicit connections
and discharges to the municipal storm drain system is necessary for
the protection of Town water bodies and groundwater, and to safeguard
the public health, safety, welfare, and the environment.
B.
The objectives of this article are:
(1)
To prevent (or reduce to the maximum extent practicable) pollutants
from entering the Town-owned storm drainage system;
(2)
To prohibit illicit connections and unauthorized discharges to the
stormwater drainage system;
(3)
To require the removal of all such illicit connections and discharges;
(4)
To comply with state law and federal statutes and regulations relating
to stormwater discharges; and
(5)
To set forth the legal authority and procedures to carry out all
inspection, detection, monitoring, and enforcement activities necessary
to ensure compliance with this article.
This article is promulgated pursuant to the Rhode Island Department
of Environmental Management's ("DEM") General Permit Rhode Island
Pollutant Discharge Elimination System Stormwater Discharge from Small
Municipal Separate Storm Sewer Systems and from Industrial Activity
at Eligible Facilities Operated by Regulated Small MS4s ("MS4 General
Permit") and in accordance with the Administrative Procedures Act,
R.I.G.L. § 42-35-1 et seq.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section:
Discharges not comprised of stormwater are allowed under
the MS4 General Permit Part I.B.3 but are limited to the following,
provided these are not significant contributors of pollutants to the
MS4: discharges which result from the washdown of vehicles at retail
dealers selling new and used automobiles where no detergents are used
and individual residential car washing; external building washdown
where no detergents are used; the use of water to control dust; fire-fighting
activities; fire hydrant flushings; natural springs; uncontaminated
groundwater; dechlorinated pool discharges; air conditioning condensate;
lawn watering; potable water sources, including water line flushings;
irrigation drainage; pavement washwaters 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 water
line testing water; hydrostatic test water that does not contain any
treatment chemicals and is not contaminated with process chemicals.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices;
and structures, 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 RIPDES construction permits, which
include construction projects resulting in land disturbance of one
acre or more; and activities resulting in land disturbance of less
than one acre which are subject to Planning Board approval. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
The Director of Public Works, or his authorized deputy, agent
or representative.
Any person who causes, allows, permits, or is otherwise responsible
for a discharge, including, without limitation, any operator of a
construction site or industrial facility.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, radioactive, 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.
Either of 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 Director; 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 the Director.
Any direct or indirect discharge to a municipal storm drainage
system that is not composed entirely of stormwater, except discharges
pursuant to a RIPDES permit (other than the RIPDES permit for discharges
from the municipal separate storm sewer) and discharges resulting
from fire-fighting activities. Illicit discharges include, but are
not limited to, discharges in the form of: illegal dumping, hazardous
waste/material spills, sewage and wastewater, construction waste,
building material, truck washout, litter, and those allowable stormwater
discharges found to be a significant contributor of pollutants to
the MS4.
Activities subject to RIPDES industrial stormwater permits
as defined in RIPDES Rule 31(b)(15).
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, natural and man-made channels and watercourses, piped storm
drains, retention and detention basins, and other drainage structures),
owned or operated by the Town, or proposed for ownership or operation
by the Town, and designed or used for collecting or conveying stormwater,
and that is not used for collecting or conveying sewage; also known
as the "storm drainage system."
Any discharge to the storm drain system, or that has the
potential to enter the storm drain system, that is not composed entirely
of stormwater.
The party or parties that either individually or taken together
have the day-to-day operational control over the facility activities
and the ability to make modifications to such activities.
The party or parties that either individually or taken together
have legal title to any premises.
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 that 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 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 and pet wastes; soil, sediment/fines
resulting from land-disturbing activities; wastes and residues that
result from constructing a building or structure; and noxious or offensive
matter of any kind.
The Rhode Island system for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing point source discharge permits and imposing and enforcing pretreatment requirements pursuant to Title 46, Chapter 12 of the General Laws of Rhode Island and the Clean Water Act.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
The municipal document describing a program to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable,
protect water quality, and satisfy the water quality requirements
of the Federal Clean Water Act and Rhode Island Water Quality Standards;
and which includes the following six minimum control measures: public
education and outreach, public involvement/participation, illicit
discharge detection and elimination, construction site stormwater
runoff control, post-construction stormwater management, and pollution
prevention and good housekeeping in municipal operations.
A document which 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.
A natural or man-made surface drainage channel or body of
water (including a lake or pond) through which a water flow occurs,
either continuously or intermittently.
Surface water and ground waters within the boundaries of
the State of Rhode Island and subject to its jurisdiction.
A.
Prohibition of illicit discharges.
(1)
No person shall throw, drain, or otherwise discharge or cause to
be discharged into the municipal storm drainage system any pollutant
or nonstormwater discharge unless such a nonstormwater discharge is
outlined in Part I.B.3 of the MS4 General Permit as an allowable nonstormwater
discharge, or is authorized by a specific RIPDES permit. The allowable
nonstormwater discharges are permitted if deemed not to be a significant
contributor of pollutants to the municipal storm drainage system.
Allowable nonstormwater discharges will not be permitted under any
circumstance when said discharge adversely affects a municipal right-of-way
or stormwater system.
(3)
The commencement, conduct, or continuance of any illicit discharge
to the storm drainage system is prohibited.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the municipal storm drain system is prohibited. 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.
(2)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4 or any watercourse,
or allows such a connection to continue.
(3)
Improper connections in violation of this article must be disconnected,
and if necessary, redirected to an approved on-site wastewater management
system upon approval of the RIDEM, or to the sanitary sewer system.
To the extent permitted by state law, or if authorized by the
owner or other party in control of the property, the Director and/or
his designees may enter upon privately owned property for the purpose
of performing their duties under this article and may make or cause
to be made such inspections, surveys, testing, or sampling as the
Director deems reasonably necessary.
The Director shall be permitted, upon the presentation of credentials
and other documents as may be required by law, to:
A.
Enter the discharger's premises where a regulated activity is conducted,
or where records must be kept related to stormwater compliance;
B.
Have access to and copy, at reasonable times, any records related
to stormwater compliance;
C.
Inspect at reasonable times any equipment, practices, or operations
related to stormwater compliance;
D.
Take samples, perform testing, or monitor any substances or parameters
at any location, at reasonable times, for the purposes of assuring
compliance with this article or as otherwise authorized by the CWA
or Rhode Island law; and
E.
Require that the owner or occupant of the property locate any drain
or conveyance that has not been documented in plans, maps or equivalent,
and which may be connected to the storm drain system; and to identify
the drain or conveyance as a storm drain, sanitary sewer, or other,
and that the outfall location or point of connection to the storm
drain system, sanitary sewer system or other discharge point be identified.
Results of these investigations are to be documented and provided
to the Director.
A.
Suspension due to illicit discharges in emergency situations. The
Director may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
nonstormwater discharge which presents or may present imminent and
substantial danger to the environment, or to the health or welfare
of persons, or to the MS4 or waters of the state. If the violator
fails to comply with a suspension order issued in an emergency, the
Director may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or waters of the state, or to minimize danger to
persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have his/her
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The Director will notify a violator of the proposed
termination of its MS4 access. A person commits an offense if the
person reinstates MS4 access to premises terminated pursuant to this
section, without the prior approval of the Director.
The Director shall refer to RIDEM all nonstormwater discharges
not authorized in accordance with Part I.B.3 of the MS4 General Permit
or by a specific RIPDES permit, which the Director has deemed appropriate
to continue discharging to the MS4, for consideration of an appropriate
permit.
Any person subject to an industrial or construction activity
RIPDES 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 the MS4, or as a condition of a subdivision map, site plan, building
permit, or development or improvement plan.
Upon confirmation of a violation of this article, the Director
may require, in an attempt to prevent, control, and reduce stormwater
pollutants, any person engaged in activities or operations, or owning
facilities or property which has or may result in future pollutants
entering stormwater, the storm drainage system, or waters of the state
to develop and implement, at his/her own expense, a Stormwater pollution
prevention plan prescribing best management practices to the extent
they are technologically achievable to prevent and reduce such pollutants.
The owner or operator of a commercial or industrial establishment
found to be in violation of this article shall provide reasonable
protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses. Facilities
to prevent accidental discharge of prohibited materials or other wastes
shall be provided and maintained at the owner's or operator's expense.
The SWMPP shall be subject to review by the Town and/or RIDEM for
approval, and the cost of such review shall be at the owner's or operator's
expense.
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 storm drain 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 Director 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 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. 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.
Notice of violation. Whenever the Director finds that any person
has violated a prohibition or failed to meet a requirement of this
article, the Director may order compliance by written notice of violation
to the landowner and/or responsible person. Such notice may require,
without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
The implementation of source control or treatment BMPs; and
(7)
The development and approval of a stormwater pollution prevention
plan.
B.
If abatement of a violation and/or restoration of affected property
is 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 work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
The Director is authorized to issue the following administrative
orders at any time he/she deems such action appropriate to secure
timely and effective compliance with this article or a discharge permit
or order issued pursuant to this article, whether or not any previous
notifications of violation have been provided to the user:
A.
Cease and desist order. The Director may issue an order to cease
and desist a violation or an action or inaction which threatens a
violation and to direct the user to comply forthwith or to take such
appropriate remedial or preventive action as may be needed to properly
address the violation or threatened violation, including halting operations
and terminating the discharge.
B.
Consent order. The Director may enter into consent orders, assurances
of voluntary compliance, or other similar documents establishing an
agreement with a user. Such orders shall include specific actions
to be taken by the user and specific time frames to correct a violation
or to remove the threat of a violation. A consent order may also direct
that a user provide improved operation and maintenance of existing
discharge facilities, conduct additional self-monitoring, or submit
appropriate reports or management plans.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, then the Town or a contractor
designated by the Director shall enter upon the subject private property
and is authorized to take any and all measures necessary to abate
the violation and/or restore the property. It shall be unlawful for
any person, owner, agent or person in possession of any premises to
refuse to allow the Town or designated contractor to enter upon the
premises for the purposes set forth above.
Within 30 days after abatement of the violation by or under
the direction of the Director, the owner of the property will be notified
by the enforcement agency or municipality of the cost of abatement,
including administrative costs. If the amount due is not paid within
a timely manner as determined by the Director, the charges shall become
a special assessment against the property and shall constitute a lien
on the property for the amount of the assessment. Any person violating
any of the provisions of this section shall become liable to the Town
by reason of such violation. The liability shall be paid in not more
than 12 equal payments. Interest at the rate of 12% per annum shall
be assessed on the balance beginning on the first day following discovery
of the violation.
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 Director may petition for a temporary, 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 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 by the Town.
[Amended 2-12-2020]
A.
Any person
that has violated or continues to violate this article shall be liable
to prosecution to the fullest extent of the law, and shall be subject
to a penalty of $500 per violation per day.
B.
The Director
may recover all attorney's fees, court costs, and other expenses associated
with enforcement of this article, including sampling and monitoring
expenses.
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 authorized enforcement
agency to seek cumulative remedies.
