[HISTORY: Adopted by the Town Meeting of the Town of Suffield as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-2021]
A. 
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of Suffield through the regulation of non-storm water 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 Municipal Separate Storm Sewer System (MS4) in order to comply with requirements of the General Permit to Discharge Stormwater from Small Municipal Separate Storm Sewer Systems (MS4) issued by the Connecticut Department of Energy & Environmental Protection (CtDEEP). The objectives of this article are:
(1) 
To prohibit and eliminate illicit connections and discharges to the municipal separate storm sewer system.
(2) 
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 AGENT (AEA)
The Town Engineer, unless otherwise designated by the First Selectman to enforce this article.
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.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Any activity associated with construction at a site including, but not limited to, clearing and grubbing, grading, excavation, and dewatering.
FACILITY
Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
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.
HEARING OFFICER
One or more individuals appointed by the First Selectman, other than police officers or employees or persons who issue citations, to conduct the hearings authorized by this article.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 263-7 of this article.
ILLICIT CONNECTIONS
An illicit connection is defined as 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 non-storm water 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 AEA 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 AEA.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
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 waters of the United States, whether the permit is applicable to an individual, group, or general area-wide basis.
NON-STORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of storm water.
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 which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects or 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 storm water 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.
STORMWATER
Waters consisting of rainfall runoff, including snow or ice melt, during a rain event.
STORMWATER POLLUTION PREVENTION PLAN (SWPP)
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 storm water, discharged from a facility.
This article shall apply to all water entering the Town's storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the AEA.
The AEA shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the AEA may be delegated in writing by the AEA to persons or entities acting in the beneficial interest of or in the employ of the AEA.
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. No person shall discharge or cause to be discharged into the municipal storm drain system 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 storm water. The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited except when described as follows:
(1) 
The following discharges are exempt from discharge prohibitions established by this article: uncontaminated ground water discharges including, but not limited to, pumped ground water, foundation drains, water from crawl space pumps and footing drains; irrigation water including, but not limited to, landscape irrigation, farm 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 ground waters, uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)], springs, diverted stream flows and flows from riparian habitats and wetlands.
(2) 
Any non-stormwater discharge to the 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 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 the detection of illicit discharge: 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 AEA shall issue such suspension subject to § 263-14 of this article and the violator shall have all rights to appeal subject to § 263-15 of this article.
B. 
Suspension due to illicit discharges in emergency situations: The AEA 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. The violator shall have all rights to appeal the decision of the AEA subject to § 263-15 of this article.
Any person subject to an industrial or construction activity NPDES storm water 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 AEA prior to the allowing of discharges to the MS4.
A. 
Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.
B. 
Access to facilities.
(1) 
The AEA 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 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 AEA.
(2) 
Facility operators shall allow the AEA 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 storm water, and the performance of any additional duties as defined by state and federal law.
(3) 
The AEA shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the AEA to conduct monitoring and/or sampling of the facility's storm water discharge.
(4) 
The AEA 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 AEA and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) 
Unreasonable delays in allowing the AEA access to a permitted facility is a violation of a storm water discharge permit and of this article. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the AEA reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
(7) 
If the AEA 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 AEA may seek issuance of a search warrant from any court of competent jurisdiction.
The AEA will adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. 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 drain system or watercourses through the use of these structural and non-structural 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 non-structural 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 storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a 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 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 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 storm water, the storm drain system, or water 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 emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the AEA 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 AEA 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 by the AEA.
A. 
Notice of violation.
(1) 
Whenever the AEA finds that a person has violated a prohibition or failed to meet a requirement of this article, the AEA may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(a) 
The performance of monitoring, analyses, and reporting;
(b) 
The elimination of illicit connections or discharges;
(c) 
That violating discharges, practices, or operations shall cease and desist;
(d) 
The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(e) 
Payment of a fine or penalty to recoup costs incurred by the AEA;
(f) 
Suspension of any discharge to the MS4 system consistent with § 263-8 of this article; and
(g) 
The implementation of source control or treatment BMPs.
(2) 
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. Where elimination is not possible within 60 days of source confirmation, a schedule for its elimination will be set for no more than 180 days.
(3) 
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.
(4) 
The AEA shall cause a notice as required by C.G.S. § 7-152(c), to be delivered by hand or by first class mail to such person or persons. Thereafter the procedures for conducting hearings shall be determined by the Town.
B. 
Procedure for issuance of citations.
(1) 
The AEA shall issue a written notice of violation to any person who violates any provision of this article. No written notice may be issued against the state or any state official or state employee acting within the scope of their employment. All written notices of violations issued pursuant to this section shall explain the nature of the violation and the steps required for compliance, shall allow a 72-hour period within which to correct the violation or within which a written plan for correction shall be submitted to the AEA, setting forth a reasonable time period for correction of the violation as agreed upon by the AEA, and shall inform the recipient of the means by which to appeal the notice of violation. A written notice issued pursuant to this subsection shall be served:
(a) 
By hand delivery, at which time the 72-hour period shall begin; or
(b) 
By certified mail return receipt requested and by regular first class mail. Five business days shall be allowed for mail delivery of the notice prior to the commencement of the 72-hour period.
(2) 
Within two business days after the period for correction established in subsection A expires, the AEA shall re-inspect the subject property to determine compliance.
(3) 
If the violations set forth in the written notice have not been corrected at the time of reinspection, the AEA may issue a citation and fine of up to $100 for each violation by hand, or by certified return receipt requested, or in the case of a corporate or business entity, delivery to the business address or the address of the statutory agent of said entity. No such fine shall be levied against the state or any state official or state employee acting within the scope of their employment. All citations issued pursuant to this section shall state the violation for which the citation is being issued, the fine imposed for the violation, the time period within which the fine must be paid, and an address for remittance of the fine.
C. 
Compliance periods after citation.
(1) 
Any violation for which a citation is issued and which is not corrected within the time period specified in Subsection B of this section shall be a new violation of this article, and every 24-hour period thereafter in which the violation is not corrected shall constitute a new violation and a new fine of up to $100.
(2) 
The AEA shall not be responsible for a daily re-inspection. Rather the person to whom the citation has been issued shall be responsible for reporting subsequent compliance by way of written report to the AEA.
Any person receiving a notice of violation may appeal the determination of the AEA. The procedure for appeal will be contained in the notice of violation. The notice of appeal must be received within 15 days from the date of the notice of violation. Hearing on the appeal shall take place within 30 days from the date of receipt of the notice of appeal. The Hearing Officer shall conduct the hearing in the order and form and with such methods of proof as deemed fair and appropriate, and as otherwise provided in C.G.S. § 7-152c. The hearing officer shall render a written decision to affirm or reverse the decision of the AEA. The decision of the Hearing Officer 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 30 days of the decision of hearing officer upholding the decision of the AEA, then representatives of the AEA 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 government agency or designated contractor to enter upon the premises for the purposes set forth above.
A. 
Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs, by the AEA. The property owner may appeal the amount of the assessment within 15 days as set forth in § 263-15. 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 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 12% per annum shall be assessed on the balance beginning on the 1st 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 AEA 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 AEA may recover all attorney's fees court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.
In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the AEA may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek 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 violated or continues to violate this article shall be may be reported to the State's Attorney's Office for criminal prosecution and or penalty.
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 AEA to seek cumulative remedies.
This article shall be in full force and effect 30 days after its final passage and adoption by Town Meeting. All prior ordinances and parts of ordinances in conflict with this article are hereby repealed.