The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Guilford, as authorized
by C.G.S. § 7-148(c)(6)(B);(c)(7)(H); and (c)(8)(A), 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:
A. To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user;
B. To prohibit and eliminate illicit connections and illegal discharges
to the municipal separate storm sewer system; and
C. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter.
This chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands located within
the Town of Guilford, unless explicitly exempted by an authorized
enforcement agency or as otherwise may be exempted by state or federal
law.
As used in this chapter, the following terms shall have the
meaning set forth below, except as otherwise required by state or
federal law.
BEST MANAGEMENT PRACTICES (BMPS)
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.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Any activity associated with construction at a site, including,
but not limited to, clearing and grubbing, grading, excavation, and
dewatering.
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 §
239-7 of this Chapter.
ILLICIT CONNECTIONS
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, Section 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; 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.
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.
STORMWATER POLLUTION PREVENTION PLAN
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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
The authorized enforcement agency shall administer, implement,
and enforce the provisions of this chapter.
The provisions of this chapter are hereby declared to be severable.
If any provision of this chapter shall be found with finality by a
court of competent jurisdiction to be prohibited by the Connecticut
General Statutes or is held to be unconstitutional, the provisions
of such statutes or constitution shall prevail and such court order
or judgement shall not affect, impair or invalidate the remainder
of the chapter.
Nothing in this chapter shall limit the power and authority
of local, state or federal authorities to enforce their respective
laws and regulations. In any case where a provision of this chapter
is found to be in conflict with a provision of local, state or federal
laws or regulations, if such provision of this chapter establishes
a higher standard for the promotion and protection of the health and
safety of the public, such provision shall be enforceable pursuant
to the procedures established herein, to the extent permitted by state
and federal law.
The authorized enforcement agency shall adopt requirements identifying
BMP for any activity, operation, or facility located in the Town of
Guilford which may cause or contribute to pollution or contamination
of stormwater, the storm drainage system, or waters of the United
States. The owner or operator of a commercial or industrial facility
shall provide, at its own expense, reasonable protection from accidental
discharge of illegal discharges into the MS4 or watercourses through
the use of these structural and nonstructural BMPs. These BMPs shall
be part of a stormwater pollution prevention plan as necessary for
compliance with requirements of the NPDES permit.
Any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, who 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 waters of the United States,
said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release, to the extent required by
state and federal law.
The Town Engineer or his/her designee, who shall be a Town employee,
is hereby designated the enforcement officer. The enforcement officer
may pursue penalties against any person who commits a violation of
this chapter.
Any person issued a municipal citation pursuant to §
239-13 shall be entitled to a hearing to contest the citation. Any person given notice that its access to MS4 will be suspended may appeal the notice of suspension within the time limit and on the form prescribed for appeals of citations. Except in an emergency, no permit will be suspended pending the outcome of the appeal process set forth below. The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of a citation hearing process to contest citations issued pursuant to this chapter. The procedures for notice, hearing, disposition, appeal and enforcement shall be as set forth in C.G.S. § 7-152c. The citation hearing process shall not apply to those violations which are otherwise governed by state or federal law.
If a violation is not abated within the time period and pursuant to the requirements set forth in the citation, or in the event of an appeal, within the same time period permitted in the original citation calculated from the date the citation is upheld on appeal, then the enforcement officer shall have the right to enter the premises in order to take measures reasonable necessary to abate the violation. The cost of such abatement shall be payable by the owner or operator of the premises. If the costs are unpaid after 30 days of the Town's demand for payment, the owner's or operator's obligation to pay may be enforced in the same manner as the penalties imposed by way of citation under §
239-14 above.
If a person has violated or continues to violate the provisions
of this chapter, the authorized enforcement agency may, in addition
to the Town's rights at law or in equity, 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, to the extent permitted
by law or in equity.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law.