[HISTORY: Adopted by the Town of Redding 5-26-2022. Amendments
noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Redding through
the regulation of 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
to:
A.
Regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
B.
Prohibit illicit connections and discharges to the municipal separate
storm sewer system.
C.
Establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution 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 stormwater conveyance systems.
BMP also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Currently,
these include construction projects resulting in land disturbances
of one acre or more. Such activities include but are not limited to
clearing, grubbing, excavating, and demolition.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure; any mining
excavation or landfill; and any use or change in the use of any building
or other structure or land or extension of use of land by any person
for which a permit is required under any Town ordinance and/or zoning
regulations.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
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 in § 365-10 of this chapter.
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 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.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Activities subject to NPDES industrial permits as defined
in 40 CFR § 122.26(b)(14).
Any development that provides for ultimately disturbing one
or more acres of land. "Disturbance," for the purpose of this chapter,
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.
A permit issued by the United States Environmental Protection
Agency (EPA), or by the Connecticut Department of Energy and Environmental
Protection (DEEP) 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
of surface flow, runoff, or drainage consisting entirely of water
from any form of natural precipitation or resulting from such precipitation.
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.
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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
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 surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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.
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 Zoning and Inland Wetlands Enforcement Officer ("Officer")
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 Officer to persons or
entities acting in the beneficial interest of, or in the employ of,
the Town.
If any section, clause, sentence or provision of this chapter
shall be adjudged invalid or unenforceable, such adjudication shall
not affect the validity of any other provision hereof, but all other
provisions shall be deemed valid and effective and shall remain in
full force and effect.
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.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the municipal storm drain system, wetlands or
watercourses 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, other than stormwater.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited, except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter:
(a)
Uncontaminated water line flushing or other potable water sources;
(b)
Uncontaminated landscape irrigation or lawn watering;
(c)
Diverted stream flows;
(d)
Rising groundwater;
(e)
Groundwater infiltration to storm drains;
(f)
Uncontaminated pumped groundwater;
(g)
Foundation or footing drains (not including active groundwater
dewatering systems);
(h)
Crawl space pumps;
(i)
Air-conditioning condensation;
(j)
Springs;
(k)
Noncommercial washing of vehicles;
(l)
Natural riparian habitat or wetland flows; and
(m)
Any water source not containing pollution.
(2)
Discharges specified, in writing, by the Officer as being necessary
to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal notification
to the Officer, or his/her designee, prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the EPA or
DEEP, 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 written approval has been
granted for any discharge to the storm drain system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system 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 chapter if the
person connects a line conveying sewage to the MS4 or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
Officer may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge which 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. If the violator fails to comply
with a suspension order issued in an emergency, the Officer may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of the United States, or to minimize danger to persons.
The cost of this work may be billed back to the violator.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this chapter may have his MS4 access terminated if such termination would abate or reduce an illicit discharge. The Officer will notify a violator of the proposed termination of his MS4 access. The violator may petition the Officer for a reconsideration and hearing in accordance with § 365-15.
(2)
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the Officer or his/her designee.
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 Officer prior to the allowing of discharges
to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
The Officer or his/her designee shall be permitted to enter and inspect
facilities subject to regulation under this chapter as often as may
be necessary to determine compliance with this chapter. 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 representatives
of the Officer.
(2)
Facility operators shall allow the Officer 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 an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The Officer or his/her designee shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the Officer to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Officer has the right to require the discharger to install monitoring
equipment as necessary. The facility's 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 facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Officer and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(6)
Unreasonable delays in allowing the Officer or his/her designee access
to a permitted facility is a violation of a stormwater discharge permit
and of this chapter. A person who is the operator of a facility with
a NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the Officer or his/her
designee reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
(7)
If the Officer 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 chapter, 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 chapter or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the Officer may seek issuance of a search warrant
from any court of competent jurisdiction.
The Officer 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 multifamily, mixed use, commercial or industrial establishment
shall provide, at his 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 BMP. 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 BMP 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 compliant with the provisions
of this section. These BMP 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, subject to requirements of the
Town of Redding's Code of Ordinances, 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, subject to requirements of
the Town of Redding's Code of Ordinances, 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, water of the state, 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 Officer or his/her designee, 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 Redding's Zoning 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.
A.
Whenever the Officer finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, he/she may order
compliance by written notice of violation to the responsible person.
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 to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMP.
B.
If abatement of a violation and/or restoration of affected property
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 violator fail to remediate or restore within
the established deadline, the work will 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 Officer. The notice of appeal must be received within 30 days
from the date of the notice of violation. Hearing on the appeal before
the Conservation/Inland Wetlands Commission shall take place within
35 days of the date of receipt of the notice of appeal. The determination
of the Conservation/Inland Wetlands Commission shall be final.
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 10 days of the decision of Conservation/Inland Wetlands Commission
upholding the decision of the Officer, then representatives of the
Officer shall 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
Officer or his/her designated contractor to enter upon the premises
for the purposes set forth above.
Within 45 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within 30 days. If the amount
due is not paid in a timely manner as determined by the decision of
the Conservation/Inland Wetlands Commission or by the expiration of
the time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this chapter shall become liable to the Town
of Redding by reason of such violation. The liability shall be paid
in not more than 12 equal payments.
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 Officer 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 Officer may impose upon a violator
alternative compensatory action, such as storm drain stenciling, attendance
at compliance workshops, creek cleanup, etc.
In addition to the enforcement process and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter that may be a threat to public health,
safety, and welfare will be investigated by the Health Department
or its agents and upon finding this condition to be a nuisance to
the public health shall order such condition to be abated according
to the authority granted by the Connecticut General Statutes and the
Connecticut Public Health Code.
A.
Any person who shall violate any provision of this chapter shall
be fined an amount not in excess of $100. Each day that any violation
occurs shall be deemed to be a separate offense for the purpose of
applying the penalty provided in this section.
B.
Any person that has violated or continues to violate this chapter
shall be liable to criminal prosecution to the fullest extent of the
law.
C.
The Officer may recover all attorney's fees, court costs and
other expenses associated with enforcement of this chapter, including
sampling and monitoring expenses.
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 Officer to seek cumulative
remedies.
