[HISTORY: Adopted by the Town of North Haven 6-25-2018 Special Town Meeting. Amendments
noted where applicable.]
The purpose of this chapter, which shall be known as the "Illicit
Discharge and Connection to Stormwater Drainage Systems Ordinance,"
is to provide for the health, safety, and general welfare of the citizens
of the Town of North Haven 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") 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:
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, demolition,
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.
Either of the following:
Any pipe, open channel, drain, or conveyance, whether on the
surface or subsurface, which allows an illicit 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 pipe, open channel, drain, or connection
had been previously allowed, permitted, or approved by an authorized
enforcement agency; or
Any pipe, open channel, drain, or conveyance connected to the
municipal separate storm sewer system which has not been documented
in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 133-6 of this chapter.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14) or Connecticut General Statutes, § 22a-430b.
Any facility designed or used for collecting and/or conveying
stormwater, including, but not limited to, any roads with drainage
systems, highways, municipal streets, curbs, gutters, inlets, catch
basins, piped storm drains, pumping facilities, structural stormwater
controls, ditches, swales, natural and man-made or altered drainage
channels, reservoirs, and other drainage structures, and which is
owned or maintained by the Town of North Haven.
A permit issued by the Connecticut Department of Energy and
Environmental Protection (CTDEEP), under authority delegated pursuant
to 33 U.S.C. § 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. See definitions of "stormwater" and "stormwater
runoff."
Any individual, association, organization, partnership, firm,
joint venture, public or private corporation, trust, estate, commission,
board, public or private institution, utility, cooperative, or other
entity recognized by law.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
petroleum hydrocarbons; oil and other automotive fluids; cooking grease;
detergents (biodegradable or otherwise); degreasers, cleaning chemicals;
nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish,
garbage, litter, or other discarded or abandoned objects, articles,
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; silt, sand and/or exposed earth and wastes
and residues that result from constructing a building or structure;
concrete and cement; 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.
See "municipal separate storm sewer system."
Any surface flow, runoff, or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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 stormwater
drainage system throughout the Town of North Haven.
The Director of Public Works, in consult with the Town Engineer,
the Land Use Administrator, the Zoning and Inland Wetlands Enforcement
Officer, and any other appropriate Town official of the Town of North
Haven, shall administer, implement, and enforce the provisions of
this chapter. The Director of Public Works may delegate his/her powers
and duties under this chapter to an authorized designee.
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.Â
Prohibition of illicit discharges.
(1)Â
No person shall throw, drain, or otherwise discharge, cause, or allow
others under his/her/its control to throw, drain, or otherwise discharge
into the municipal separate storm sewer 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)Â
The commencement, conduct, or continuance of any illegal discharge
to the stormwater drainage system is prohibited except as described
as follows:
(a)Â
The following discharges are exempt from discharge prohibitions
established by this chapter: uncontaminated groundwater discharges,
including, but not limited to, pumped groundwater; foundation and
footing drains; water from crawl space pumps, basement pumps, and
air-conditioning condensation; 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 natural riparian habitats and wetlands.
(b)Â
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 chapter.
(c)Â
Discharges specified in writing by the Director of Public Works
or his/her designee as being necessary to protect public health and
safety.
B.Â
Prohibition of illegal connections.
(1)Â
The construction, connection, use, maintenance, or continued existence
of any illegal connection to the storm drain system is prohibited.
(2)Â
This prohibition expressly includes, without limitation, illegal
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)Â
A person is considered to be in violation of this chapter if the
person connects any drain or conveyance that has not been documented
in approved plans, maps, or equivalent, or expressly permitted, to
the municipal separate storm sewer system, or allows such a connection
to continue.
A.Â
Suspension due to emergency situation. The Director of Public Works
or his/her designee 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
Town of North Haven 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.Â
Suspension due to detection of illicit discharge.
(1)Â
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 Director of Public Works will notify
a violator of the proposed termination of its MS4 access. The violator
may petition the Director of Public Works for a reconsideration and
hearing.
(2)Â
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval
of the Director of Public Works or his/her designee.
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 Director of Public Works or his/her designee
prior to the allowing of discharges to the MS4.
A.Â
The Director of Public Works or his/her designee shall be permitted
to enter and inspect properties and facilities subject to regulation
under this chapter to determine compliance therewith. Any entry and
inspection shall occur at a reasonable time, after written notice
of intent to enter and inspect, including the date and time of the
planned entry, is delivered to the property owner and any occupant
of the property.
B.Â
If the Director of Public Works or his/her designee has reason to
believe that an illicit discharge or illegal connection has either
occurred or is ongoing at any property or facility and that such illicit
discharge or illegal connection constitutes an immediate danger to
public health or public safety, the Director of Public Works or his/her
designee may enter and inspect the property or facility without prior
notice to the property owner and occupant(s).
C.Â
In the event of unnecessary delay or refusal of access to inspect
any part of premises from which stormwater is discharged, the Director
of Public Works or his/her designee may seek issuance of a search
warrant from any court of competent jurisdiction.
If an illicit discharge or illegal connection has either occurred
or is ongoing at any property or facility, then the Director of Public
Works or his/her designee shall have the right:
A.Â
To set up on any such property or facility any and all devices as
are necessary in his/her opinion to conduct monitoring and/or sampling
of the facility's stormwater discharge.
B.Â
To require the owner of the property or operator of the facility
to install monitoring equipment and perform monitoring as necessary
and make the monitoring data available to the Director of Public Works
and his/her designee. The sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
at the property owner's or facility operator's expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
C.Â
To require the property owner or facility operator to provide continuous
safe and easy access to the property or facility, including by requiring
removal of any temporary or permanent obstruction at his/her/its expense
and/or by providing such security pass or other documentation as may
be required.
The Director of Public Works 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.
A.Â
Notwithstanding other requirements of law, as soon as any person
responsible for a facility, operation, or activity or responsible
for emergency response for a facility, operation, or activity has
information of any known or suspected release of pollutants or nonstormwater
discharges which may result in or are resulting in illicit discharges
or pollutants discharging into stormwater, the municipal separate
storm sewer system, state waters, or United States waters, said person
shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release so as to minimize the effects of the discharge.
B.Â
In the event of a release of hazardous materials, said person shall
immediately notify emergency response agencies of the occurrence via
emergency dispatch services.
C.Â
In the event of a release of nonhazardous materials, said person
shall notify the Director of Public Works 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 Director of Public Works 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. Said person shall
also take immediate steps to ensure no recurrence of the discharge
or spill.
A.Â
Violations.
(1)Â
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter. Any person
who has violated or continues to violate the chapter may be subject
to the enforcement actions outlined in this section or may be restrained
by injunction or otherwise abated in a manner provided by law.
(2)Â
In the event the violation constitutes an immediate danger to public
health or public safety, the Director of Public Works or his/her designee
is authorized to enter the subject private property, without giving
prior notice, to take any and all measures to abate the violation
and/or restore the property and seek costs of the abatement as outlined
below.
B.Â
Enforcement.
(1)Â
Citation of notice of violation.
(a)Â
Whenever the Director of Public Works or his/her designee finds
that a person has violated a prohibition or failed to meet a requirement
of this chapter, the Director of Public Works or his/her designee
may order compliance by written citation of notice of violation to
the owner, and occupant(s) if different, where the violation occurred,
to be delivered via USPS certified mail, return receipt requested,
and by first-class mail.
(b)Â
The citation of notice of violation shall contain:
[1]Â
The name and address of the alleged violator.
[2]Â
The address, if available, or a description of the building,
structure, or land upon which the violation(s) is (are) occurring
or has (have) occurred.
[3]Â
A statement specifying the nature of the violation(s).
[4]Â
A description of the remedial measures necessary to restore
compliance with the chapter and a time schedule for the completion
of such remedial action. It is not the responsibility of the Town
to formulate or design any remedial systems.
[5]Â
A statement of the penalty(ies) that shall or may be assessed
against the person to whom the citation of notice of violation is
directed.
[6]Â
A statement that the determination of violation(s) may be appealed
to a hearing officer(s), designated to hear such appeals pursuant
to the Connecticut General Statutes, by filing a written notice of
appeal within 10 days from the date of the citation of notice of violation
itself.
[7]Â
A statement that if no notice of appeal is received within 10
days of the date of the citation of notice of violation, then an assessment
and judgement shall be entered.
[8]Â
A statement that such judgment may issue without further notice.
(c)Â
The citation of notice of violation may require, without limitation:
[1]Â
The performance of monitoring, analyses, and reporting;
[2]Â
The elimination of illicit discharges and illegal connections;
[3]Â
That violating discharges, practices, or operations shall cease
and desist;
[4]Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
[5]Â
Payment of a fine or costs to cover administrative and abatement
costs;
[7]Â
The implementation of source control or treatment BMPs; and
[8]Â
The reporting of the violation to the Connecticut Department
of Energy and Environmental Protection and/or the United States Environmental
Protection Agency.
(d)Â
As previously stated, if abatement of a violation and/or restoration
of affected property is required, the citation 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.
(2)Â
Appeal of citation of notice of violation.
(a)Â
If the person who is sent a citation of notice of violation
pursuant to this chapter wishes to admit liability for any alleged
violation, he/she/it may, without requesting a hearing, pay the full
amount of the fines, penalties, costs, or fees admitted to in person
or by mail to the Town of North Haven.
(b)Â
Any person receiving a citation of notice of violation may appeal
the determination of the Director of Public Works or his/her designee.
The notice of appeal must be received by the Director of Public Works
within 10 days from the date of the citation of notice of violation.
(c)Â
Hearing on the appeal before a hearing officer(s) shall take
place not less than 15 days from nor more than 30 days from the date
of receipt of the notice of appeal. The decision of the municipal
authority or its designee shall be final. The hearing officer(s) shall
grant any reasonable request by an interested party for a postponement,
provided there is good cause shown for the request. A copy of the
initial citation of notice of violation issued by the Director of
Public Works shall be filed and retained by the Town of North Haven
and shall be deemed to be a business record and evidence of the facts
contained therein.
(d)Â
A person wishing to contest his liability shall appear at the
hearing and may present evidence on his/her/its behalf. The Director
of Public Works or his/her designee shall also be required to appear
if the person so requests and may present evidence on behalf of the
Town of North Haven. If such person fails to appear, the hearing officer(s)
may enter an assessment by default against him upon a finding of proper
notice and liability under the chapter. The hearing officer(s) shall
conduct the hearing in the order and form and with such methods of
proof as deemed appropriate by the hearing officer(s). The rules regarding
the admissibility of evidence shall not be strictly applied, but all
testimony shall be given under oath and affirmation. The hearing officer(s)
shall announce a decision at the end of the hearing. If it is determined
that the person is not liable, the matter shall be dismissed and the
determination shall be recorded in writing accordingly. If it is determined
that the person is liable for the violation, appropriate fines, penalties,
costs, or fees against such person as provided for under the chapter
shall be entered and assessed.
(e)Â
If such assessment is not paid on the date of its entry, the
hearing officer(s) shall send by first-class mail a notice of assessment
to the person found liable and shall file, not less than 30 days nor
more than 12 months after such mailing, a certified copy of the notice
of assessment with the Clerk of the Superior Court pursuant to Connecticut
General Statutes, § 7-152c, and shall follow the procedure
contained therein.
(f)Â
Any person who does not deliver or mail written demand for a
hearing within 10 days of the date of the citation of notice of violation
shall be deemed to have admitted liability, and the Director of Public
Works or his/her designee shall certify such person's failure
to respond to the hearing officer. The hearing officer shall thereupon
enter and assess the fines, penalties, costs, and/or fees provided
for in this chapter.
(3)Â
Enforcement measures after appeal.
(a)Â
If the violation has not been corrected pursuant to the requirements
set forth in the citation of notice of violation, or, in the event
of an appeal, within 30 days of the decision of the hearing officer(s)
upholding the decision of the Director of Public Works or his/her
designee, then the Director of Public Works or his/her designee may
enter upon the subject private property and is 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 Director
of Public Works, his/her designee, or a designated contractor to enter
upon the premises for the purposes set forth above.
C.Â
Costs and penalties.
(1)Â
Costs of abatement of the violation.
(a)Â
Within 30 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
to the hearing officer(s) objecting to the amount of the assessment
within 30 days. A hearing on the abatement assessment appeal before
the hearing officer(s) shall take place within 60 days from the date
of receipt of the notice of appeal.
(b)Â
If the amount due is not paid within 30 days after receipt of
the notice, or, if an appeal is taken, within 30 days after a decision
on the 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.
(c)Â
Any person violating any of the provisions of this chapter shall
become liable to the Town of North Haven by reason of such violation.
(2)Â
Civil penalties. In the event that the alleged violator fails to
take the remedial measures set forth in the citation of notice of
violation or otherwise fails to cure the violations described herein
within 10 days, or such greater period as the Director of Public Works
or his/her designee deems appropriate, and after the Director of Public
Works has taken one or more of the actions described above, the Director
of Public Works may impose a penalty not to exceed $100 per day for
each day the violation remains not remedied after receipt of the citation
of notice of violation.
(3)Â
Criminal penalties. The Director of Public Works may refer intentional
and flagrant violations of this chapter to the United States Environmental
Protection Agency for enforcement penalties under the Clean Water
Act.
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.
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 Town of North Haven to
seek cumulative remedies.
A.Â
This chapter is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
chapter are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law; and where any provision
of this chapter imposes restrictions which are different from those
imposed by any other ordinance, rule, regulation, or other provision
of law, the provision which is more restrictive or imposes greater
protective standards for human health and the environment shall control.
B.Â
The provisions of this chapter are hereby declared to be severable.
If any section, subsection, paragraph, sentence, or clause of this
chapter or the application thereof to any person, establishment, or
circumstances is held to be invalid by a court of competent jurisdiction,
such invalidity shall not affect the other provisions or application
of this chapter.
