The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Manchester 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 prohibit and eliminate illicit connections and discharges to the
municipal separate storm sewer system; and
B. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter.
For the purposes of this chapter, the following shall mean:
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 §
275-7 of this chapter.
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, processed 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; 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.
This chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Public Works Department shall administer, implement, and
enforce the provisions of this chapter. 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 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 Public Works Department prior to the allowing
of discharges to the MS4.
The Public Works Department will require 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 abuts, or such person's lessee, shall keep and maintain that
part of the watercourse within the property free of trash, debris,
grass clippings, leaves, 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 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. 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 authorized enforcement agency 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 Town of Manchester, Attention: Public Works Department 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.
Any person receiving a notice of violation or citation may appeal
the determination of the authorized enforcement agency. The notice
of appeal must be received in the General Manager's office within
10 days from the date of the notice of violation or citation. Hearing
on the appeal shall be before a hearing officer within 15 days from
the date of receipt of the notice of appeal. The hearing officer shall
be appointed by the General Manager in accordance with Connecticut
General Statutes Section 7-152c and the hearing shall be conducted
in accordance with Connecticut General Statutes Section 7-152c.
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 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.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup
and the like.
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 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 authorized enforcement
agency to seek cumulative remedies.
This chapter shall be in full force and effect 10 days after
its final passage and adoption and publication.