[HISTORY: Adopted by the Town of Ellington
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Town Meeting 12-9-2019]
This article is adopted pursuant to Chapter 98 of the Connecticut
General Statutes ("C.G.S.") (Section 7-148 et seq.). The purpose of
this article is to provide for the health, safety, and general welfare
of the citizens of the Town of Ellington (the "Town") through the
regulation of nonstormwater discharges to the Town's stormwater drainage
system to the extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the Town's municipal separate storm sewer system
("Town MS4") in order to comply with requirements of the National
Pollutant Discharge Elimination System ("NPDES") permit process and
the State of Connecticut's General Permit for the Discharge of Small
Municipal Separate Storm Sewer Systems ("MS4 General Permit"). The
objectives of this article are to:
A.
Regulate the contribution of pollutants to the Town MS4 by illicit
discharges by any user;
B.
Prohibit illicit connections and illegal discharges to the Town MS4;
and
C.
Establish the legal authority to carry out inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this article.
As used in this article, all words, terms and phrases shall
have the meanings ascribed to them in the MS4 General Permit, except
when the context of this article clearly indicates a different meaning,
or as defined below.
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.
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.
Any direct or indirect nonstormwater discharge to the storm
drain system, except as exempted by this article.
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;
or
Any drain or conveyance connected from a commercial, construction
or industrial land use to the storm drain system which has not been
documented in plans, maps, or equivalent records and approved.
A permit issued by the United States Environmental Protection
Agency ("EPA") [or by a state under authority delegated pursuant to
33 USC § 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.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either
the owner, occupant, or as the agent of the owner or occupant.
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.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water and other discharges generated
on any premises that enters the Town MS4 storm drain system, unless
explicitly exempted by this article or the Director of Public Works.
The Director of Public Works shall have the authority to administer,
implement, and enforce the provisions of this article. Any powers
granted to or duties imposed upon the Director of Public Works may
be delegated in writing to a person(s) that is an employee of the
Town or an entity acting as a consultant of the Town.
The provisions of this article are severable. If any provision,
clause, sentence, or paragraph of this article or the application
thereof to any person, premises, facility, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the Town MS4 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
promulgated by the Connecticut Department of Energy and Environmental
Protection, as may be amended, other than stormwater. The commencement,
conduct or continuance of any illegal discharge to the Town MS4 is
prohibited, except the following discharges are exempt from the discharge
prohibitions established by this article:
(1)
Water line flushing or other potable water sources, landscape irrigation
or lawn watering runoff, diverted stream flows, rising groundwater,
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumps, air-conditioning condensation, springs,
washing of noncommercial vehicles, residual street washwater associated
with sweeping, natural riparian habitat or wetland flows, swimming
pools (if dechlorinated, typically less than one part per million
chlorine), firefighting activities (other than training), and any
other water source not containing pollutants.
(2)
Discharges specified in writing by the Director of Public Works or
his/her designee as being necessary to protect public health and safety.
(3)
Dye testing, if prior written notice is given to the Director of
Public Works or his/her designee or conducted by North Central District
Health Department.
(4)
Any nonstormwater discharge permitted under a NPDES stormwater discharge
permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Federal Environmental
Protection Agency, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that prior written approval has
been granted for any discharge to the Town MS4.
(5)
Any nonstormwater discharge which is authorized by a permit pursuant
to C.G.S. §§ 22a-430 or 22a-430b, as may be amended.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the Town MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
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)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the Town MS4, or allows
such a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
Director of Public Works or his/her designee may, without prior notice,
suspend a person's discharge to the Town MS4 when such suspension
is necessary to stop an actual or threatened discharge that 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 ("U.S."). If a violator fails to comply with a suspension
order issued in an emergency, the Director of Public Works or his/her
designee may take such steps as deemed necessary to prevent or minimize
damage to the Town MS4 or waters of the U.S., or to minimize danger
to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the Town MS4 in violation of this article may have
their access to the Town MS4 terminated if such termination would
abate or reduce an illicit discharge. The Director of Public Works
or his/her designee will notify a violator of the proposed termination
of its access to the Town MS4. The violator may petition the Director
of Public Works or his/her designee for a reconsideration and hearing.
C.
A person violates this article if the person reinstates access to
the Town MS4 for a premises terminated pursuant to this article, without
the prior written approval of the Director of Public Works or his/her
designee.
Any person subject to an industrial, commercial 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 allowing of discharges to the Town MS4.
A.
Applicability. This article applies to all facilities that have stormwater
discharges associated with industrial, commercial or construction
activity.
B.
Access to facilities.
(1)
The Director of Public Works or his/her designee shall be permitted
to enter and inspect premises subject to regulation under this article
as often as may be necessary to determine compliance with this article.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to the Director
of Public Works or his/her designee.
(2)
Premises operators shall allow the Director of Public Works or his/her
designee ready access to all parts of the premises for the purposes
of inspection, sampling, examination and copying of records that must
be kept under the conditions of a NPDES stormwater discharge permit,
and the performance of any additional duties as defined by state and
federal law.
(3)
The Director of Public Works or his/her designee shall have the right
to set up on any premises such devices as are necessary in the opinion
of the Director of Public Works or his/her designee to conduct monitoring
and/or sampling of the premises' stormwater discharge.
(4)
The Director of Public Works or his/her designee has the right to
require the discharger to install monitoring equipment as necessary.
The premises' sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure stormwater flow and
quality shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access to
the premises to be inspected and/or sampled shall be promptly removed
by the premises operator at the written or oral request of the Director
of Public Works or his/her designee. The costs of clearing such access
shall be the responsibility of the premises and or premises operator.
(6)
Unreasonable delays in allowing the Director of Public Works or his/her
designee access to a premises is a violation of a stormwater discharge
permit and of this article. A person who is the operator of a premises
with a NPDES stormwater discharge permit associated with industrial,
commercial or construction activity violates this article if the person
denies the Director of Public Works or his/her designee reasonable
access to the premises for the purpose of conducting any activity
authorized or required by this article.
(7)
If the Director of Public Works or his/her designee has been refused
access to any part of the premises from which stormwater is discharged,
and he/she is able to demonstrate probable cause to believe that there
may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this article or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the Director of Public Works or his/her designee
may seek issuance of a search warrant from any court of competent
jurisdiction.
The Director of Public Works or his/her designee will implement
requirements identifying best management practices ("BMPs") 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. Any person responsible for property or premises
that is, or may be, the source of illicit discharge may be required
to implement, at their own expense, additional structural and nonstructural
BMPs to prevent the further discharge of pollutants to the Town MS4.
Compliance with all terms and conditions of a valid NPDES stormwater
discharge permit authorizing the discharge of stormwater associated
with industrial, commercial or construction activity, to the extent
practicable, shall be deemed compliance with the provisions of this
article.
Every person owning property through which a watercourse passes
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 impede the flow of water
through the watercourse. In addition, said person shall maintain any
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 premises or operation has information of any known
or suspected release of materials that are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drainage system, or waters of the U.S., 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 the appropriate emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Director of Public Works or his/her designee in person or by phone
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 or his/her designee and all appropriate
emergency response agencies within three business days of the phone/in-person
notice. If the discharge of prohibited materials emanates from a commercial,
construction or industrial premises/activity, the owner or operator
of such premises/activity 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 a minimum of three full years from
the date of occurrence.
A.
Whenever the Director of Public Works or his/her designee finds that a person or premises has violated a prohibition or failed to meet a requirement of this article, the Director of Public Works or his/her designee may order compliance by written notice of violation to the responsible person. Such notice shall be delivered in accordance with Chapter 46, Citations, and may require, without limitation:
(1)
The performance of monitoring, sampling, analyses, and/or reporting;
(2)
The elimination of illicit connections or cessation of illegal discharges;
(3)
The cessation of violating discharges, practices, or operations;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected premises;
(5)
Payment of a penalty and/or the Town's administrative and remediation
costs; and
(6)
The implementation of source control or treatment BMPs.
B.
If abatement of a violation and/or restoration of affected premises
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the person fail to remediate or restore by the
deadline provided, the work will be done by the Director of Public
Works or his/her designee or a third party designated by the Director
of Public Works, and the expense thereof shall be charged to the violator.
Any person receiving a 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 or his/her
designee within 14 days from the date of the notice of violation and
must contain a copy of the notice of violation being appealed, as
well as a brief statement regarding the grounds for the appeal. Hearing
on the appeal shall be before the Ellington Board of Selectmen and
shall take place within 14 days from the date of receipt of the notice
of appeal. The decision of the Ellington Board of Selectmen shall
be final.
If the violation has not been fully corrected as set forth in
the notice of violation or, in the event of an appeal, within 14 days
of the decision of the Ellington Board of Selectmen upholding the
decision of the Director of Public Works or his/her designee, then
representatives of the Director of Public Works or his/her designee
shall enter upon the subject private premises and are authorized to
take any and all measures necessary to abate the violation and/or
restore the premises. 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 or his/her designee to enter upon the premises
for the purposes set forth above.
Within 14 days after abatement of the violation, the owner of
the premises will be notified of the cost of abatement, including
administrative costs. If the amount due is not paid within the time
set forth in the decision of the Director of Public Works or his/her
designee, the charges shall become a special assessment against the
premises and shall constitute a lien on the premises for the amount
of the assessment. Any person violating any of the provisions of this
article shall become liable to the Town by reason of such violation.
The liability shall be paid in not more than 12 equal payments. Interest
at the rate of 18% per annum shall be assessed on the balance beginning
on the 30th day following discovery of the violation.
It shall be unlawful for any person and/or premises to violate
any provision or fail to comply with any of the requirements of this
article. If a person and or premises has violated or continues to
violate the provisions of this article, the Director of Public Works
or his/her designee may petition for a preliminary or permanent injunction
restraining the person and/or premises from activities that would
create further violations or compelling the person to perform abatement
or remediation of the violation.
This article shall be effective 15 days after publication thereof
in a newspaper having substantial circulation in the Town of Ellington.
The Town may recover all attorneys' fees, court costs, and other
expenses associated with the enforcement of this article, including
any sampling and monitoring expenses.
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 Director of Public Works
to seek cumulative remedies.
