The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Monroe (Town) 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 storm drainage system of the Town which is
defined as a Small 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 regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
B. To prohibit illicit connections and illegal discharges to the municipal
separate storm sewer system.
C. 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:
AUTHORIZED ENFORCEMENT AGENCY
Town of Monroe (Town), and/or other employees or designees
of the Town First Selectman, including the Water Pollution Control
Authority, designated to enforce this article.
BEST MANAGEMENT PRACTICES (BMPs)
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.
BMPs also include treatment practices, operation procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
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, or private stormwater discharge directly or indirectly onto/into a Town accepted roadway or right of way (ROW) or any municipal storm drainage system except as exempted in §
457-7 of this article.
ILLICIT CONNECTIONS
An illicit connection is defined as 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
by the Town or;
B.
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 Town or;
C.
Any private site or building drainage pipe outlet discharging
directly or indirectly into/onto a Town accepted roadway or ROW surface
or;
D.
Any non-permitted private site or building drainage pipe connection
having been made to a Town storm drainage system servicing a Town
accepted roadway/ROW.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
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 that 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, gutter, 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
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER MANAGEMENT PLAN
A document designed to reduce the discharge of pollutants
from the Small MS4 (the Town) to the maximum extent practicable, to
protect water quality, and to satisfy the appropriate water quality
requirements of the federal Clean Water Act.
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 municipal
storm drainage system generated on any developed and undeveloped lands
unless explicitly exempted by the Town.
The Town shall administer, implement, and enforce the provisions
of this article. Any powers granted or duties imposed upon the Town
may be delegated, in writing, by the First Selectman 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, 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 Town prior to the allowing of discharges
to the MS4.
The Town may adopt requirements identifying best management
practices (BMPs) for any activity, operation, or facility that may
cause or contribute to pollution or contamination of stormwater, the
storm drainage system, or waters of the state. 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 drainage system,
wetlands 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 municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial or commercial activity, to
the extent practicable, shall be considered to comply with the provisions
of this section. These BMPs shall be part of a stormwater pollution
prevention plan (SWPPP) or stormwater management plan (SMP) as necessary
for compliance with requirements of the National Pollutant Discharge
Elimination System NPDES permit.
Every person owning property through which a watercourse passes,
in whole or in part, 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 drainage system, or waters 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 Town 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 Monroe, 7 Fan
Hill Road Monroe, CT 06468 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.
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 15 days of the decision of the municipal authority upholding
the decision of the Town, then representatives of the Town may enter
upon the subject private property and are authorized, if needed to
take any and all measures necessary to abate the violation and/or
stabilize the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
Town or designated contractor to enter upon the premises for the purposes
set forth above.
Within a minimum of 30 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 15 days.
If the amount due is not paid within a timely manner as determined
by the decision of the municipal authority 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 article shall become a 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 10% per annum shall
be assessed on the balance beginning on the first day following discovery
of the violation.
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 Town 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 Town may impose upon violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, cleanup, etc.
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 a violated or continues to violate this
article shall be liable to criminal prosecution to the fullest extent
of the law, and shall be subject to a criminal penalty of $150 per
violation per day and/or imprisonment. The Town may recover all attorneys'
fees court costs and other expenses associated with enforcement of
this article, including 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 Town to seek cumulative
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.