[HISTORY: Adopted by the Town Meeting of the Town of Thompson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-26-2022 by Ord. No. 22-001]
The purpose of this article is to comply with requirements of
the general permit for the discharge of stormwater from small municipal
separate storm sewer systems (MS4) issued by the Connecticut Department
of Energy and Environmental Protection (DEEP) pursuant to the authority
delegated to it by the US Environmental Protection Agency pursuant
to 33 U.S.C. § 1342(b) for permitting the discharge of pollutants
to waters of the United States under the National Pollutant Discharge
Elimination System (NPDES), and provide for the health, safety, and
general welfare of the citizens of Thompson through the regulation
of nonstormwater discharges to Thompson's publicly owned stormwater
drainage system to the maximum extent practicable as required by federal
and state law. The objectives of this article are:
A.
To control the contribution of pollutants to the Thompson's
MS4 by stormwater discharges by any person;
B.
To prohibit and eliminate illicit connections and discharges to the
municipal separate storm sewer system; and
C.
To establish, pursuant to § 7-157 of the Connecticut General
Statutes, the legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
As used in this article, the following definitions shall apply:
The schedule(s) 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.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Those standards adopted and amended by the DEEP pursuant
to § 22a-426 of the Connecticut General Statutes.
Any activity associated with construction at a site, including,
but not limited to, clearing and grubbing, grading, excavation, and
dewatering.
The Connecticut Department of Energy and Environmental Protection.
The Thompson Director of Public Works.
Anything that is built or installed to perform some particular
function or anything that aids or makes easier the performance of
activities involved in the business of a person or corporation.
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 drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter Thompson's MS4, including
but not limited to any conveyances which allow any nonstormwater discharge
including sewage, process wastewater, and wash water to enter Thompson's
MS4 and any connections to Thompson's MS4 from indoor drains
and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by either the DEEP, the
Thompson Planning and Zoning Commission, or Thompson Inland Wetlands
Commission; or any drain or conveyance connected from a commercial
or industrial land use to Thompson's MS4 which has not been documented
in plans, maps, or equivalent records and approved by either the DEEP,
the Thompson Planning and Zoning Commission, or the Thompson Inland
Wetlands Commission.
Any discharge to waters of the state that does not consist entirely of stormwater or uncontaminated groundwater except those discharges identified in § 236-8 of this article.
Any activity subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
The conveyances for stormwater (including roads with drainage
systems, streets, catch basins, curbs, gutters, ditches, man-made
or altered drainage channels, piped storm drains, retention and detention
basins, reservoirs, and other drainage structures) owned or operated
by the Town of Thompson or by any state or federal institution and
discharging to surface waters of the state.
Any permit issued by the DEEP pursuant to authority delegated
to it by the US Environmental Protection Agency pursuant to 33 U.S.C.
§ 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 Thompson's MS4 that is not composed
entirely of stormwater.
Any individual, partnership, association, firm, limited liability
company, corporation or other entity recognized by law and acting
as either the owner or as the owner's agent, except a municipality,
and includes the federal government, the state or any instrumentality
of the state, and any officer or governing or managing body of any
partnership, association, firm or corporation or any member or manager
of a limited liability company.
Anything which causes or contributes to pollution.
Any harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state by reason of any waste
or other materials discharged or deposited therein by any public or
private sewer or otherwise so as directly or indirectly to come in
contact with any waters; 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, ordnances,
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,
equipment or facility.
The Thompson Select Board.
Waters consisting of rainfall runoff, including snow or ice
melt, during a rain event.
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.
All rivers, brooks, watercourses, waterways, wells, springs,
lakes, ponds, marshes, drainage systems and all other surface or underground
streams, bodies or accumulations of water, natural or artificial,
public or private, which are contained within, flow through or border
upon the State of Connecticut any portion thereof.
This article shall apply to all water entering Thompson's
MS4 generated on any developed and undeveloped lands unless explicitly
exempted by the Director.
The Director shall administer, implement, and enforce the provisions
of this article. Any powers granted or duties imposed upon the Director
may be delegated, in writing, by the Director to persons or entities
acting in the beneficial interest of or in the employ of the Town
of Thompson.
This article is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
article are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this article imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
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.
A.
Prohibition of illicit discharges and exemptions.
(1)
No person shall throw, drain or otherwise discharge, cause or allow
others under its control to throw, drain, or otherwise discharge into
the Thompson's MS4 any pollutants or waters containing any pollutants
that cause or contribute to a violation of Connecticut Water Quality
Standards, as amended.
(2)
The commencement, conduct or continuance of any illicit discharge
to Thompson's MS4 is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this article: uncontaminated groundwater discharges,
including, but not limited to, pumped groundwater, foundation drains,
water from crawl space pumps and footing drains; irrigation water,
including, but not limited to, landscape irrigation and lawn watering
runoff; residual street wash water associated with sweeping; discharges
or flows from firefighting activities (except training); and naturally
occurring discharges such as rising groundwaters, uncontaminated groundwater
infiltration [as defined at 40 CFR 35.2005(20)], springs, diverted
stream flows and flows from riparian habitats and wetlands.
(b)
Any nonstormwater discharge to Thompson's MS4 authorized
by a permit issued pursuant to § 22a-430 or § 22a-430b
of the Connecticut General Statutes is also authorized under this
article.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to Thompson's 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 makes a connection conveying sewage to Thompson's MS4,
or allows such a connection to continue.
[Amended 5-30-2023]
Upon the receipt of a complaint or evidence that an illicit
discharge and/or connection exists, the Director shall conduct or
cause an investigation to determine the existence and/or origin of
the illicit discharge and/or illicit connection. The Director will
make or cause preliminary contact with the property owner or facility
operator and seek abatement of the illicit discharge and/or illicit
connection. If the source appears to originate from property containing
an industrial or construction site, the Director may or may cause
additionally contact the DEEP to determine if the property is subject
to permitting by the DEEP and assess if the illicit discharge and/or
connection is in violation of the DEEP permit. If within 15 days of
the preliminary contact the property owner or facility operator of
such permitted property does not willingly abate the illicit discharge/connection,
the Director shall either issue an order to abate pursuant to the
provision of this article and/or notify the DEEP of the suspected
permit violation for enforcement action by the DEEP.
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 Director prior to the allowing of discharges
to Thompson's MS4.
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 illicit discharges or pollutants discharging into stormwater, Thompson's
MS4, or water of the state, 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 DEEP Emergency Response Unit and Thompson's
911 emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the Director 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 Director of Public Works, Thompson Town Hall, North
Grosvenordale CT 06255 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.
Suspension due to illicit discharges in emergency situations. In the event the Director finds an actual or threatened discharge presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to Thompson's MS4 or waters of the state, the Director will immediately notify the DEEP of such danger and may, without additional notice, take actions to cause the immediate suspension of the MS4 discharge access to Thompson's MS4. Such actions may include, but are not limited to, the physical blockage to Thompson's MS4 and issuing an order to immediately abate the illicit discharge pursuant to § 236-13 of this article.
A.
Whenever the Director finds that a person has created or is maintaining an illicit discharge and/or illicit connection to the Thompson MS4 in violation of § 236-8 of this article, the Director may issue by certified mail a written order to abate such discharge and/or connection and cause the termination of such discharge and/or connection. The order may require without limitation:
(1)
The elimination of illicit connections and/or discharges;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
Payment to recoup costs incurred by the Director;
(5)
Suspension of any discharge to Thompson's MS4 system consistent with § 236-12 of this article; and
(6)
The implementation of source control or treatment BMPs.
B.
If abatement of the violation and/or remediation of affected property
is required, the order shall set forth a deadline within which such
abatement and/or remediation 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 120 days.
C.
Said order shall further instruct that, should the actions required
by the order fail to be completed within the established deadline,
such actions may be performed at the Director's direction. The
person to whom the order is issued is liable for any expenses incurred
by the Director in abetting the violation.
[Amended 5-30-2023]
Any person receiving an order to abate may, in writing, appeal
the order to the Select Board for reconsideration. The notice of appeal
must be received within 14 days of the date of the order to abate.
A hearing on the appeal before the Select Board designee shall take
place within 21 days of the date of receipt of the notice of appeal.
The decision of the Select Board shall be final.
If the illicit discharge or illicit connection has not been
abated pursuant to the requirements set forth in the order to abate
or, in the event of an appeal, within 14 days of the decision of the
Select Board upholding the decision of the Director, then the Director
shall, in the case of industrial discharges, refer the matter to the
DEEP for its enforcement under § 22a-432 of the Connecticut
General Statutes; or, in the case of construction activities causing
pollution to waters of the state by the failure to control erosion
and sedimentation, refer the matter to either the DEEP, the Thompson
Inland Wetlands Commission or the Thompson Planning and Zoning Commission,
as the Director deems appropriate.
Within 45 days after abatement of the violation, the owner of
the property will be notified, in writing by certified mail, of the
cost of abatement, including administrative costs, and the payment
requirements. The property owner may file a written protest objecting
to the amount of the assessed costs within 14 days of written notification.
If the amount due is not paid within a timely manner as determined
by the decision of the Select Board or by the expiration of the time
in which to file an appeal, the cost of the abatement charges shall
become a special tax assessment against the property and subject to
collection pursuant to the provisions of §§ 12-172
and 12-173 of the Connecticut General Statutes. Payment and interest
on abatement charges shall be in accordance with § 12-144
of the Connecticut General Statutes unless otherwise determined by
the Select Board.
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 or order to abate, the Director or Select Board may petition
for a 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 addition to the enforcement processes and penalties allowed
by law, 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.
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 to seek cumulative
remedies.
This article shall be in full force and effect 15 days after
its publication in a newspaper of general circulation in Thompson.
All prior ordinances and parts of ordinances in conflict with this
article are hereby repealed.
