Chapter 313 Stormwater Management

To prevent (or reduce to the maximum extent practicable) pollutants from entering the Town-owned storm drainage system;

To prohibit illicit connections and unauthorized discharges to the stormwater drainage system;

ALLOWABLE NONSTORMWATER DISCHARGES

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.

§ 313-2 Authority.

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.

§ 313-3 Definitions.

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.

BEST MANAGEMENT PRACTICES (BMPS)

Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices; 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.

CLEAN WATER ACT (CWA)

The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY

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.

DIRECTOR

The Director of Public Works, or his authorized deputy, agent or representative.

DISCHARGER

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.

HAZARDOUS MATERIAL

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.

ILLICIT CONNECTION

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.

ILLICIT DISCHARGE

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.

INDUSTRIAL ACTIVITY

Activities subject to RIPDES industrial stormwater permits as defined in RIPDES Rule 31(b)(15).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

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."

NONSTORMWATER DISCHARGE

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.

OPERATOR

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.

OWNER

The party or parties that either individually or taken together have legal title to any premises.

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.

POLLUTANTS

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.

RIPDES (RHODE ISLAND POLLUTION DISCHARGE ELIMINATION SYSTEM)

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.

STORMWATER

Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

STORMWATER MANAGEMENT PROGRAM PLAN (SWMPP)

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.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

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.

WATERCOURSE

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.

WATERS OF THE STATE

Surface water and ground waters within the boundaries of the State of Rhode Island and subject to its jurisdiction.

§ 313-4 Prohibited discharges and connections.

Prohibition of illicit discharges.

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.

Reports of illegal dumping, hazardous waste and material spills, and other complaints will be investigated under the purview of this article, and Chapter 309, Article I, Dumping, of the Town Code and other applicable state and federal laws.

The commencement, conduct, or continuance of any illicit discharge to the storm drainage system is prohibited.

Prohibition of illicit connections.

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.

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.

§ 313-9 Industrial and construction activity discharges.

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.

§ 313-5 Right of entry.

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.

§ 313-6 Inspections and monitoring.

The Director shall be permitted, upon the presentation of credentials and other documents as may be required by law, to:

Enter the discharger's premises where a regulated activity is conducted, or where records must be kept related to stormwater compliance;

Have access to and copy, at reasonable times, any records related to stormwater compliance;

Inspect at reasonable times any equipment, practices, or operations related to stormwater compliance;

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

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.

§ 313-7 Suspension of MS4 access.

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.

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.

§ 313-8 RIPDES permit required.

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.

§ 313-10 Use of best management practices to prevent, control and reduce stormwater pollutants.

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.

§ 313-11 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 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.

§ 313-12 Enforcement.

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:

The performance of monitoring, analyses, and reporting;

The elimination of illicit connections or discharges;