[HISTORY: Adopted by the Board of Selectmen of the Town of
Simsbury 6-11-2018. Amendments
noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Simsbury through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This chapter establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
chapter are:
For the purposes of this chapter, the following shall mean:
Employees or designees of the Town as designated by the Town
Manager to enforce this chapter.
Schedules 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.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Any activity associated with construction at a site, including,
but not limited to, clearing and grubbing, grading, excavation, and
dewatering.
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.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 135-7 of this chapter.
An illicit connection is defined as 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
an authorized enforcement 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 enforcement agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR, 122.26(b)(14).
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 USC § 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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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 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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
Waters consisting of rainfall runoff, including snow or ice
melt, during a rain event.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands, unless explicitly
exempted by an authorized enforcement agency.
The Town Manager shall administer, implement and enforce the
provisions of this chapter. Any powers granted or duties imposed upon
an authorized enforcement agency may be delegated, in writing, by
the Town Manager to persons or entities acting in the beneficial interest
of or in the employ of the Town.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter 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 chapter.
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore, this chapter does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the municipal storm drain system or watercourses
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 illegal discharge to the storm drain
system is prohibited, except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter: 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 nonstormwater discharge to the MS4 authorized by a permit issued
pursuant to Section 22a-430 or 22a-430b of the Connecticut General
Statutes is also authorized under this chapter.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
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.
(3)
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
authorized enforcement agency may, 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 authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this chapter may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The authorized enforcement agency will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the authorized enforcement agency for a reconsideration
and hearing.
(2)
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the authorized enforcement agency.
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 authorized enforcement agency prior to
the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
Upon a finding by an authorized enforcement official that probable
cause exists that a violation of this chapter has occurred, the Town
shall be permitted to enter and inspect facilities subject to regulation
under this chapter as often as may be necessary to determine compliance
with this chapter. If a discharger has security measures in force
which require proper identification and clearance before entry into
its premises, the discharger shall make the necessary arrangements
to allow access to representatives of the authorized enforcement agency.
(2)
Facility operators shall allow the authorized enforcement agency
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The authorized enforcement agency shall have the right to set up
on any permitted facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(4)
The authorized enforcement agency has the right to require the discharger
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the authorized enforcement
agency and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the authorized enforcement agency
access to a permitted facility is a violation of a stormwater discharge
permit and of this chapter. A person who is the operator of a facility
with a NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
(7)
If the authorized enforcement agency has been refused access to any
part of the premises from which stormwater is discharged, and he/she
is able to demonstrate probable cause to believe that there may be
a violation of this chapter, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this chapter or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.
The authorized enforcement agency 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 drain 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 municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises,
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 municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial 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.
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.
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 drain 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. In the
event of a release of nonhazardous materials, said person shall notify
the authorized enforcement agency, 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 authorized enforcement agency 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.
A.
Notice of Violation. Whenever the designated enforcement officer
finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, the authorized enforcement agency may
order compliance by written notice of violation to the 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 or penalty to recoup costs incurred by the Department
of Public Works;
(7)
The implementation of source control or treatment BMPs.
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. 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.
C.
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.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received in writing and filed with the Town Clerk's office within
10 business days from the date of the notice of violation. Hearing
on the appeal before the Hearing Officer shall take place within 30
business days from the date of receipt of the notice of appeal. The
decision of the Hearing Officer shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 30 business days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon
the subject private property and are 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 government agency or designated
contractor to enter upon the premises for the purposes set forth above.
A.
Within ten business days after abatement of the violation, the owner
of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within ten business days.
If the amount due is not paid within a timely manner as determined
by the decision of the municipal authority or by the expiration of
the time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment.
B.
Any person violating any of the provisions of this article shall
become liable to the Town of Simsbury by reason of such violation.
The liability shall be paid in not more than 12 equal payments. Interest
at the rate of 1 1/2% per month 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 chapter. If
a person has violated or continues to violate the provisions of this
chapter, the authorized enforcement agency 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.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
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 chapter 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.
A.
Any person that has violated or continues to violate this chapter
shall be liable to prosecution to the fullest extent of the law and
shall be subject to a penalty of $100 per violation per day and subject
to penalties through the civil and criminal courts.
B.
The authorized enforcement agency may recover all attorney's
fees, court costs and other expenses associated with enforcement of
this chapter, including sampling and monitoring expenses.
The remedies listed in this chapter 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.
This chapter shall be in full force and effect 21 days after
its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this chapter are hereby repealed.
