The terms listed below shall have the defined meaning within
this chapter:
ACCIDENTAL DISCHARGE
Any discharge which occurs by chance and without planning
or thought prior to the occurrence.
BEST MANAGEMENT PRACTICES (BMPS)
A schedule of activities, prohibition of practices, general
good housekeeping practices, 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 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.
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 project resulting in land disturbance of
five acres or more. Beginning in March 2003, NPDES Stormwater Phase
II permits will be 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.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of 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 §
245-8 of this chapter.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain, including
but not limited to any conveyances which allow any nonstormwater discharge,
including sewage, process wastewater, and wash water to enter the
storm drainage system and any connections to the storm drain from
indoor drains and sinks regardless of whether said drain or connection
had been previously allowed, permitted or approved by an enforcement
agency or,
B.
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 approve by the Town.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26(b) (14).
NON-STORMWATER DISCHARGE
Any discharge to the Town's stormwater drain system
that is not composed entirely of stormwater.
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 liquids 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 waste; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
noxious or offensive matter of any kind.
PREMISE
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
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 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 waste other than uncontaminated
stormwater discharged from a water pollution control facility.
This chapter shall apply to all water entering the Town's
storm drainage system generated on any developed and undeveloped lands
unless explicitly exempted by an authorized enforcement agency.
The Town Manager or his/her designated agent shall administer,
implement and enforce the provisions of this chapter. Any powers granted,
or duties imposed upon the Town may be delegated in writing by the
Town Manager to persons or entities acting in the beneficial interest
of or in the employment of the Town.
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 circumstance
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 defined as the minimum standards; therefore, this chapter
is not intended nor imply that compliance by any person will ensure
that there will be no contamination, pollution nor unauthorized discharge
of pollutants.
The Town has developed a permit system to regulate the issuance
of authorization to connect to the Town's drainage system. A
prospective permittee shall submit to the Department of Technical
Service a written request to connect to the drainage system. Such
request shall include the following items if deemed appropriate: a
description of the type and volume of the discharge, the source of
the discharge, a sketch showing the proposed drainage connection and
any other related construction include pertinent details, calculations
the existing drainage system has adequate capacity to accommodate
the discharge, certification and or evidence the discharge is not
contaminated and any other documents, sketches or test results deemed
pertinent by the Town Engineer.
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 Town of Plainville (the authorized agency),
the authorized enforcement agency prior to allowing of discharges
to the Town's drainage system.
The Town of Plainville 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 material 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 drainage system. Compliance with all terms and conditions
of a valid NPDES permit authoring the discharge of stormwater associated
with industrial activity, to the extent practical, 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 or leasing a property containing
a water resource shall keep and maintain that part of the water resource
within the property free of trash, debris and other substances that
may or would pollute, contaminate or significantly degrade the water
resource. Additionally, the owner/lessee shall maintain in proper
working condition any existing privately owned structures within or
adjacent to the water resource such that the structure operates as
intended and will not be a hazard to the use, function or physical
integrity of the watercourse.
As soon as any person responsible for a facility or operation,
or responsible for the emergency response of a facility or operation
has information of any known or suspected release of materials which
may result in an illegal discharge or pollutants discharging into
stormwater, storm drain or waters of the U.S. said person shall take
the necessary steps to ensure the discovery, containment, and clean-up
of such release. If such release is of a hazardous material(s) said
person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. Should the release be
of nonhazardous materials, said person shall notify the Town of Plainville's
authorized enforcement agent in person or by telephone email and or
facsimile no later than the next business day. Notifications in person
or by phone shall be confirmed by a written notice addressed and mailed
to the Town within three business days of the phone notice. If the
discharge of the prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall retain an on-site record of the incident including actions taken
to prevent future occurrences on site for a period of at least three
years after the event.
In lieu of enforcement proceedings, penalties and remedies authorized
by this chapter, the Town of Plainville's authorized enforcement
agent may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
sponsored clean-ups or any other applicable educational or proactive
remediation. Remedies listed within this chapter are not exclusive
which are deemed appropriate for a specific circumstance under applicable
federal, state and local law.