The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of Weston 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 storm drainage
system through stormwater discharges by any user;
B. To prohibit and eliminate illicit connections and discharges to the
storm drainage system;
C. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
D. To ensure compliance with the State of Connecticut Department of
Energy and Environmental Protection ("DEEP") General Permit for the
Discharge of Stormwater from Small Municipal Separate Storm Sewer
Systems on January 20, 2016, effective July 1, 2017.
For the purposes of this chapter, the following definitions
shall apply:
BEST MANAGEMENT PRACTICES (BMPS)
Schedules of activities, prohibition of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of five acres or more. Beginning in March 2003, NPDES stormwater phase
II permits have been required for construction projects resulting
in land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
FACILITY
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
FIRST SELECTMAN
The First Selectman of the Town of Weston or his/her authorized
designee.
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 §
227-7 of this chapter.
ILLICIT CONNECTIONS
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 the First Selectman; 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 the
First Selectman or other public official or body having jurisdiction
thereof.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
PERSON
An 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.
STORM DRAINAGE SYSTEM [also known as MUNICIPAL SEPARATE STORM
SEWER SYSTEM or MS4]
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
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document that 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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or manmade, which gathers or carries surface water.
This includes but is not limited to lakes, ponds, rivers, streams
and any other surface water defined as a watercourse by the Town's
inland wetland regulations.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the First Selectman or Code Enforcement Officer in accordance with §
227-7B of this chapter.
The First Selectman and the Code Enforcement Officer shall administer,
implement, and enforce the provisions of this chapter. The First Selectman
may delegate his/her powers and duties under this chapter to an authorized
designee.
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.
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 Code Enforcement Officer prior to the
allowing of discharges to the storm drainage system.
The First Selectman 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 drainage 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 storm drainage system
or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or facility,
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 storm drainage system as directed by the First Selectman. Compliance
with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial or construction
activity, to the extent practicable, shall be deemed compliant with
the provisions of this subsection. 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 drainage 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 Code Enforcement Officer in person or by phone, electronic mail
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 Code Enforcement Officer within three business days
of the 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.
The hearing procedure for any citation issued pursuant to this chapter shall be in accordance with the procedures established in Chapter
39 of the Town of Weston Code of Ordinances.
Any person or entity aggrieved by a finding, determination, notice order or action taken under the provisions of this chapter may appeal and shall be advised of his right to appeal in accordance with the procedures established in Chapter
39 of the Town of Weston Code of Ordinances.
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 Code Enforcement Officer may petition for a temporary
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 Code Enforcement Officer may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, watershed cleanup,
or other related activities.
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.
Any person that has violated or continues to violate this chapter
shall be liable to criminal prosecution to the fullest extent of the
law. The Code Enforcement Officer may recover all attorneys'
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 Code Enforcement Officer
to seek cumulative remedies.