[Adopted 11-13-2018 by Ord. No. 18-13]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of Stratford 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 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 article are:
For the purposes of this article, the following shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this article.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
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 § 172-116 of this article.
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; flotables; 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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the terms of this article.
The authorized enforcement agency, the Conservation office of
the Public Works Department, shall administer, implement, and enforce
the provisions of this article. Any powers granted or duties imposed
upon the authorized enforcement agency may be delegated in writing
by the Director of the authorized enforcement agency to persons or
entities acting in the beneficial interest of or in the employ of
the agency.
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.
This article is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
article are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this article imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
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.
A.
Prohibition of illegal discharges.
(1)
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.
(2)
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this article: uncontaminated groundwater discharges
including, but not limited to, pumped ground water, 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 washwater associated with sweeping; discharges
or flows from firefighting activities (except training); the noncommercial
washing of private vehicles: and naturally occurring discharges such
as rising ground waters, uncontaminated ground water infiltration
[as defined at 40 CFR 35.2005(20)], springs, diverted stream flows
and flows from riparian habitats and wetlands.
(b)
Any nonstormwater discharge to the MS4 authorized by a permit
issued pursuant to §§ 22a-430 or 22a-430b of the Connecticut
General Statutes is also authorized under this article.
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 article 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.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this article
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 in accordance with this article. In the
event the violator is aggrieved by the decision of the authorized
enforcement agency, the violator may exercise such remedies as they
may have in equity or at law.
(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.
A.
This section shall not apply to private residences.
B.
The authorized enforcement agency shall be permitted to enter and
inspect facilities subject to regulation under this article, with
consent or upon judicial order as applicable, as often as may be necessary
to determine compliance with this article. 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.
(1)
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.
(2)
Unreasonable delays in allowing the authorized enforcement agency
access to a permitted facility is a violation of a stormwater discharge
permit and of this article. A person who is the operator of a facility
with an 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 article.
(3)
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 article, then the authorized enforcement
agency may seek issuance of a search warrant or injunctive relief
from any court of competent jurisdiction.
Every person owning property through which a watercourse passes
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.
A.
Notice of violation. Whenever the authorized enforcement agency finds
that a person has violated a prohibition or failed to meet a requirement
of this article, 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; and
(5)
Payment of a fine or penalty to recoup costs incurred by the
authorized enforcement agency, and/or any additional fines or penalties
authorized under the Connecticut General Statutes.
B.
Abatement of violation. 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.
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.
C.
Contents of notice of violation. Each notice of violation shall contain:
(1)
The name or entity of the person responsible for the violation;
(2)
The address of the person responsible for the violation and
a description of the building, structure or land upon which the violation
is occurring, or has occurred;
(3)
A statement specifying the nature of the violation and what
section of this article was violated;
(4)
The date of the violation or, if the violation is continuous,
then the range of dates;
(5)
A narrative statement of the facts constituting the alleged
violation;
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency to the Chief Administrative Officer
of the Town. The notice of appeal must be received within seven days
from the date of the notice of violation. Hearing on the appeal before
the Chief Administrative Officer of the Town or his/her designee shall
take place within 10 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee
shall be final.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or if any time limitation set forth in the notice of violation has not been met, then the authorized enforcement agency may seek injunctive relief from the Superior Court set forth in § 172-125 of this article to enforce the orders specified in the notice of violation, including the assessment of penalties, fines, and administrative costs.
A.
Within 30 days after abatement of the violation, the owner of the
property, or lessee or other violator, will be notified of the cost
of abatement, including administrative and legal costs. The owner
of the property, or lessee or other violator, shall be responsible
for any costs incurred by the Town in abating the violation, including
all court costs and reasonable legal fees. The property owner, lessee
or other violator may file a written protest objecting to the amount
of the assessment within 10 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 by reason of such 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 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.
The owner or agent of any premises where a violation of any
provision of this article has been committed or exists, or the lessee
or tenant of any premises where such violation has been committed
or exists, or the owner, agent, lessee or tenant of any part of the
premises in which such violation has been committed or exists, or
any other person who commits, takes part or assists in any such violation
or who maintains any premises in which any such violation exists,
shall be fined $100 for each day that such violation continues; but,
if the offense is willful, the person who commits such violation shall
be fined $250 for each day that such violation continues. Such fines
or penalties may be enforced or collected in any manner applicable
under federal, state or local law.
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.
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.
This article shall be in full force and effect 30 days after
its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this article are hereby repealed.
