[Adopted 10-24-2018 by Ord. No. 242]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of Canton through the regulation
of nonstormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. This article
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 article 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
article.
For the purposes of this article, 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 §
372-7 of this article.
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, 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 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 the
authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR § 122.26(b)(14).
MS4
Municipal separate storm sewer system.
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 article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the authorized enforcement agency.
The Chief Administrative Officer shall administer, implement,
and enforce the provisions of this article. Any powers granted to
or duties imposed upon the authorized enforcement agency may be delegated
in writing by the Chief Administrative Officer to persons or entities
acting in the beneficial interest of or in the employ of the Town.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article 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 article.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore this article 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 authorized enforcement agency prior to
the allowing of discharges to the MS4.
The authorized enforcement agency 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 U.S. 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 premise, 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 MS4. 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.
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 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 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 authorized enforcement agency 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.
Notice of violation. Whenever the authorized enforcement agency
finds that a person has violated a prohibition or failed to meet a
requirement of this article, the authorized enforcement agency may
issue a notice of violation and order compliance by written notice
of violation to the responsible person. The notice of violation shall
contain, at a minimum: 1) the name and address of the alleged violator;
2) the address when available or a description of the building, structure
or land upon which the violation is occurring, or has occurred; 3)
a statement specifying the nature of the violation; 4) a description
of the remedial measures necessary to restore compliance with this
article 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) A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed; and 6) a statement that the determination of
violation may be appealed to a hearing officer appointed by the Town
by filing a written notice of appeal within 15 days from the date
of the written notice of violation.
A. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and
desist;
(4) The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5) Payment of a fine or penalty to recoup costs incurred by the authorized
enforcement agency;
(6) Suspension of any discharge to the MS4 system consistent with §
372-8 of this article;
(7) The implementation of source control or treatment BMPs; and
(8) The reporting of the violation to the Connecticut Department of Energy
and Environmental Protection (CTDEEP) and/or the United States Environmental
Protection Agency (EPA)
If abatement of a violation and/or restoration of affected property
are required, the notice 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. Said notice
shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work may be done by a
designated governmental agency or a contractor and the expense thereof
shall be charged to the violator.
Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within 15 days from the date of the notice of violation. Hearing on the appeal before the Hearing Officer or his/her designee shall take place within 30 days from the date of receipt of the notice of appeal. Any such appeal shall be in conformance with Chapter
15 of the Town's Code of Ordinances.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 30 days of the decision of the municipal authority upholding
the decision of the authorized enforcement agency, then representatives
of the authorized enforcement agency may enter upon the subject private
property and are 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 government agency or designated contractor
to enter upon the premises for the purposes set forth above.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, 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 article, the authorized enforcement agency may
impose upon a violator alternative compensatory action, such as storm
drain stenciling, attendance at compliance workshops, or watershed
cleanup.
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 article 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 article
shall be liable to criminal prosecution to the fullest extent of the
law. For intentional and flagrant violations of this article, the
authorized enforcement agency may refer the violation to the United
States Environmental Protection Agency (EPA) for enforcement of penalties
under Sections 309 and 311 of the Clean Water Act. The authorized
enforcement agency may recover all attorneys' fees court costs
and other expenses associated with enforcement of this article, including
sampling and monitoring expenses, and costs of remediation.
The remedies listed in this article 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 and/or alternative remedies.
This article shall be in full force and effect 15 days after
its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this article are hereby repealed.