[HISTORY: Adopted by the Town of Ridgefield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-12-2023]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Ridgefield (the
"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 storm water discharges by any user.
B.
To prohibit illicit connections and illegal discharges, as defined
herein, 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:
Town of Ridgefield (Town), and/or other employees or designees
of the Town's First Selectman, including the Department of Public
Services (DPS), or the Water Pollution Control Authority (WPCA), designated
to enforce this article.
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.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
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.
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, 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 § 308-7 of this article.
An illicit connection is defined as any 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 the Town; 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 the Town; or
Any private site or building drainage pipe outlet discharging
directly or indirectly into/onto a Town accepted roadway or ROW surface;
or
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.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 USC § 1342(b)] that authorizes the discharge
of pollutants to water 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 or as the owner's agent.
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.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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.
A document which describes the BMPs 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 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.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal
storm drainage 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.
(2)
The commencement, conduct or continuance of any Illegal Discharge
to the storm drainage system is prohibited except as described as
follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this article providing they contain no pollutants:
water line flushing, landscape irrigation or lawn watering, 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, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if de-chlorinated/typically less than one part per million chlorine)
firefighting (nontraining) activities, and any other water source
not containing Pollutants. Allowance of these discharges under this
article does not relieve the person initiating such discharge/s from
obtaining other environmental permits that may be required under federal,
state, or local law.
(b)
Discharges specified in writing by the Town as being necessary
to protect public health and safety.
(c)
Dye testing is an allowable discharge but requires a verbal
notification to the Town prior to the time of the test.
(d)
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
Federal Environmental Protection Agency or the Connecticut Department
of Energy and Environmental Protection (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 article 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
Town 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 Town may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of United States, or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this article may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The Town will notify a violator of the
proposed termination of its MS4 access. The violator may petition
the Town for a reconsideration and hearing within 15 days of the receipt
of said notice of termination.
(2)
A person commits an offense if the person reinstates MS4 access to
any premises terminated pursuant to this section, without the prior
approval of the Town.
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 allowing discharges to the
MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial, commercial or construction
activity.
B.
Access to facilities.
(1)
The Town shall be permitted to enter and inspect facilities 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 that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements
to allow access to representatives of the Town.
(2)
Facility operators shall allow the Town 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 Town shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the Town to conduct
monitoring and/or sampling of the facility's stormwater discharge.
(4)
The Town 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 Town and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
(6)
Unreasonable delays in allowing the Town access to a permitted facility
are a violation of a stormwater discharge permit and of this article.
A person who is the operator of a facility with a NPDES permit to
discharge stormwater associated with industrial, commercial or construction
activity commits an offense if the person denies the Town reasonable
access to the permitted facility for the purpose of conducting any
activity authorized or required by this article.
(7)
If the Town 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 Town
may seek issuance of a search warrant or injunctive relief from any
court of competent jurisdiction.
The Town may adopt requirements identifying 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 premises, which is, or may
be, the source of an Illegal 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 Ridgefield,
Office of the First Selectman, 400 Main Street, Ridgefield, CT 06877
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.
Notice of violation. Whenever the Town finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
Town 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 Illegal 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 an affected property;
(5)
Payment of a fine to cover administrative and remediation costs,
and any other fines or penalties permitted herein or by the General
Statutes; and
(6)
The implementation of source control or treatment BMPs.
B.
If abatement of a violation and/or restoration of affected property
are 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 with
the established deadline, the work may be done by the Town or a contractor,
and the expense thereof shall be charged to the violator.
A.
Any person receiving a notice of violation may appeal the determination
of the Town.
B.
A written notice of appeal must be received within 15 days from the
date of the notice of violation. Such notice shall inform the person
cited: 1) of the allegations against him or her and the amount of
the fines, penalties, costs or fees due; 2) that he or she may contest
his or her liability before a citation hearing officer by delivering
in person or by mail written notice within 15 days of the date thereof;
3) that if he or she does not demand such a hearing, an assessment
and judgment shall be entered against him or her; and 4) that such
judgment may issue without further notice. For purposes of this section,
notice shall be presumed to have been properly sent if such notice
was mailed to such person's last-known address on file with the
tax collector. If the person to whom such notice is issued is a registrant,
the municipality may deliver such notice in accordance with C.G.S.
§ 7-148ii, provided nothing in this section shall preclude
a municipality from providing notice in another manner permitted by
applicable law.
C.
Filing of a request for appeal shall stay the action by the Town.
If a request for appeal is not made within the fifteen-calendar-day
period, the action of the Town is final.
D.
If the person who is sent notice pursuant to Subsection B of this section wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by the First Selectman. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 15 days of the date of the first notice provided for in Subsection B of this section shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the hearing officer.
The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in Subsection E of this section.
E.
Any person who requests a hearing shall be given written notice of
the date, time and place for the hearing. A hearing on the appeal
before a hearing officer appointed by the First Selectman shall take
place within 30 days from the date of receipt of the notice of appeal,
provided that the hearing officer shall grant upon good cause shown
any reasonable request by any interested party for postponement or
continuance. If such person fails to appear, the hearing officer may
enter an assessment by default against him upon a finding of proper
notice and liability under the applicable statutes or ordinances.
The person requesting the hearing may testify concerning the facts,
circumstances and nature of his/her appeal and may present supporting
documentation. The hearing officer may accept from such person copies
of police reports, investigatory and citation reports, and other official
documents by mail and may determine thereby that the appearance of
such person is unnecessary. The hearing officer shall conduct the
hearing in the order and form and with such methods of proof as he
deems fair and appropriate, but shall be informal in nature. The rules
regarding the admissibility of evidence shall not be strictly applied,
but all testimony shall be given under oath or affirmation. The hearing
officer shall announce his or her decision at the end of the hearing.
If he or she determines that the person is not liable, he or she shall
dismiss the matter and enter his or her determination in writing accordingly.
If he or she determines that the person is liable for the violation,
he or she shall forthwith enter and assess the fines, penalties, costs
or fees against such person as provided by the applicable ordinances
of the municipality.
F.
The decision of the hearing officer shall be final.
G.
If such assessment is not paid on the date of its entry, the hearing
officer shall send by first-class mail a notice of the assessment
to the person found liable and shall file, not less than 30 days or
more than 12 months after such mailing, a certified copy of the notice
of assessment with the clerk of a superior court together with the
entry fee.
H.
A person against whom an assessment has been entered pursuant to
this section is entitled to judicial review by way of appeal in accordance
with C.G.S. § 7-152c(g). An appeal shall be instituted within
30 days of the mailing of notice of such assessment by filing a petition
to reopen assessment, together with the court entry fee.
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.
A.
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.
B.
Any person violating any of the provisions of this article shall
become a liable to the Town by reason of such 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. The Town shall be entitled to collect its reasonable
attorneys' fees, costs and expenses in any action commenced for
injunctive relief or otherwise to enforce the provisions of this article.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the Town may impose upon violators 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. In any civil action commenced under this article
for any purposes, the Town shall be entitled to collect its reasonable
attorneys' fees and costs.
A.
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 all criminal penalties provided by law.
B.
The Town may impose a fine against any person who violates the provisions
of this article in an amount not to exceed $100 for per day for each
day a violation remains unremedied after the time provided for in
an initial notice of violation.
C.
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
publication as provided for in the Town Charter. All prior ordinances
and parts of ordinances in conflict with this article are hereby repealed.
