[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.
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.
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 by this article.
ILLICIT CONNECTIONS
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 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
B.
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.
PERSON
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.
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
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.
WASTEWATER
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.
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.
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.
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.