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:
A. To prohibit and eliminate illicit connections and discharges to the
municipal separate storm sewer system.
B. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
For the purposes of this article, the following shall mean:
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
HAZARDOUS MATERIALS
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.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
172-116 of this article.
ILLICIT CONNECTIONS
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.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR 122.26(b)(14).
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.
POLLUTANT
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.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
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.
STORMWATER
Waters consisting of rainfall runoff, including snow or ice
melt, during a rain event.
WASTEWATER
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.
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.
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.
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.