[HISTORY: Adopted by the Town Council of the Town of Wallingford 3-14-2018 by Ord. No. 621. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 177.
Increased development without proper consideration of stormwater
impact can be a significant source of pollution to surface and ground
water. The protection and preservation of valuable water resources
is in the public interest and is essential to the health, welfare
and safety of the residents of Wallingford. It is therefore the purpose
of this chapter to protect and preserve the resources within the Town
by managing stormwater flows in accordance with the standards set
forth by the Connecticut Department of Energy and Environmental Protection.
The objectives of this chapter are:
A.Â
To regulate the contribution of pollutants to the storm drainage
system by stormwater discharges by any user;
B.Â
To prohibit illicit connections and discharge to storm drainage systems;
C.Â
To establish legal authority for the administration and enforcement
of the provisions of this chapter; and
D.Â
To ensure compliance with the Town's municipal storm sewer system
(MS4) permit.
For the purposes of this chapter, the following definitions
shall apply:
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.
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 and safety, property or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm
drain system.
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 sanitary 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
an authorized agency 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 an authorized agency.
Any discharge, whether connected or unconnected, to the storm
drain system that is not composed entirely of stormwater.
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, ordnance, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sanitary sewage,
fecal coliform and pathogens; dissolved and particulate metals, animal
wastes; wastes and residues that result from constructing a building
or structure; cleaning agents, degreasers, paints, soaps and noxious
or offensive matter of any kind.
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.
This chapter shall apply to all water entering the storm drain
system generated on any developed or undeveloped lands.
The Town Engineer shall administer, implement and enforce the
provisions of this chapter. The Town Engineer, with the approval of
the Mayor, or the Mayor, may designate one or more additional persons
to enforce the provisions of this chapter.
No person shall discharge or cause to be discharged into a municipal
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 such discharge to
the storm drain system shall be prohibited.
A.Â
The following discharges are exempt from discharge prohibitions established
by this chapter: water line flushing, nonhazardous dye testing, landscape
irrigation or lawn watering, diverted stream flows, ground water infiltration
to storm drains, uncontaminated pumped ground water, foundation or
footing drains (not including active groundwater dewatering systems),
natural riparian habitat or wetland flows and firefighting activities.
B.Â
The prohibition shall not apply to discharges exempted specifically
in writing by the Enforcement Officer as being necessary to protect
public health and safety.
C.Â
The prohibition shall not apply to any nonstormwater discharge authorized
under a permit or order issued under the National Pollutant Discharge
Elimination System (NPDES) by the Federal Environmental Protection
Agency.
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited. Such
illicit connections shall specifically include the connection of a
line conveying sanitary sewage to a storm drain system, or the allowance
of such a connection, previously permitted to continue.
A.Â
Any person discharging to the MS4 in violation of this chapter may
have his or her MS4 access terminated if such termination would abate
or reduce an illegal discharge. The Town Engineer shall notify a violator
of the proposed termination of its MS4 access.
B.Â
The Town Engineer may, in an emergency, without prior notice, suspend
MS4 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 MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the Town Engineer may take such lawful steps as deemed
necessary to prevent or minimize damage to the MS4 or waters of the
United States, or to minimize danger to persons.
A.Â
Notice of violation.
(1)Â
Whenever the Town Engineer shall determine that a violation of this
chapter or a failure to meet a requirement of this chapter has occurred,
the Town Engineer may order compliance by written notice of violation
to the responsible party and to the owner of the property on which
such violation has taken place. Such notice shall explain the nature
of the violation and steps required for compliance. Such notice may
require, without limitation:
(a)Â
Elimination of illicit connections or discharges;
(b)Â
That such discharges, practice and/or operations in violation
of this chapter shall cease and desist;
(c)Â
Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(d)Â
Performance of monitoring, analysis and reporting;
(e)Â
The implementation of source control or treatment BMPs.
(2)Â
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 comply within the established
deadline, the Town Engineer may take legal action to seek enforcement.
B.Â
Citations.
(2)Â
Upon issuance of a citation, every twenty-four-hour period thereafter
in which the violation is not corrected shall constitute a new violation
and a new fine in the amount of the initial citation.
(3)Â
The person to whom the citation has been issued shall be responsible
for reporting to the Town Engineer compliance with the citation. The
Town Engineer shall not be required to make daily inspections. Upon
notice of compliance, the Town Engineer shall inspect for compliance
within 48 hours of notification.
A.Â
Any person receiving a notice of violation or citation may appeal
the determination of the Town Engineer. The notice of appeal must
be received by the Law Department within 10 days from the date of
the notice of violation. Hearing on the appeal shall be before a hearing
officer within 15 days from the date of receipt of the notice of appeal.
B.Â
The hearing officer shall be appointed by the Mayor in accordance
with C.G.S. § 7-152c, and the hearing shall be conducted
in accordance with § 7-152c.
The remedies described in this chapter are not exclusive of
any other remedies available under any applicable federal, state or
local law, and the Town may seek additional cumulative remedies, including
but not limited to injunctive relief.
Any condition caused or permitted to exist in violation of this
chapter is a threat to public health, safety and welfare and is declared
and deemed a public nuisance.
