[Adopted 3-3-2008 by Ord. No. 2008-2]
A. 
The purpose of this article is to provide environmental protection of the local and state water bodies and groundwater, 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 pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements the Rhode Island Pollutant Discharge Elimination System (RIPDES) permit process.
B. 
The objectives of this article are:
(1) 
To prevent (or reduce to the maximum extent possible) pollutants from entering the Town's municipal separate storm sewer system (MS4).
(2) 
To prohibit illicit connections and discharges to the municipal separate storm sewer system.
(3) 
To require the removal of all such illicit connections and discharges.
(4) 
To comply with state law and federal statutes and regulations relating to stormwater discharges.
(5) 
To establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this article.
This article is promulgated pursuant to the Rhode Island Department of Environmental Management's (RIDEM) General Permit Rhode Island Pollutant Discharge Elimination System Stormwater Discharge from Small Municipal Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s and in accordance with the Administrative Procedures Act, R.I.G.L. § 42-35-1 et seq.
For the purposes of this article, the following shall mean:
ALLOWABLE NONSTORMWATER DISCHARGE
Discharges not comprised of stormwater are allowed under the MS4 General Permit but are limited to the following, provided these are not significant contributors of pollutants to the MS4: discharges which result from the washdown of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing; external building washdown where no detergents are used; the use of water to control dust; fire-fighting activities; fire hydrant flushings; natural springs; uncontaminated groundwater; dechlorinated pool discharges; air-conditioning condensate; lawn watering; potable water sources, including water line flushings; irrigation drainage; pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used; discharges from foundation or footing drains where flows are not contaminated with process materials such as solvents, or contaminated by contact with soils where spills or leaks of toxic or hazardous materials have occurred; uncontaminated utility vault dewatering; dechlorinated water line testing water; hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the Director of Public Works 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, operating procedures and practices to control erosion and 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 RIPDES 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.
DISCHARGER
Any person or business entity that causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any operator of a construction site or industrial facility.
HAZARDOUS MATERIAL
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.
ILLICIT CONNECTION
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-stormwater 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.
ILLICIT DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in allowable non-stormwater discharges as defined within this article and discharges permitted pursuant to an RIPDES permit.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels or storm drains) designed or used for collecting or conveying stormwater and which is not a combined sewer.
NONSTORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
OPERATOR
The party or parties that either individually or taken together have the day-to-day operational control over the facility activities and the ability to make modifications to such activities.
OWNER
The party or parties that either individually or taken together have legal title to any premises.
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; nonhazardous liquid and solid wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations of the same that 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.
PREMISES
Any building, lot, parcel of land or portion of land, whether improved or unimproved including adjacent sidewalks and parking strips.
RHODE ISLAND POLLUTANT DISCHARGE ELIMINATION SYSTEM (RIPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the RIDEM 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.
STORMWATER
Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
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.
UNAUTHORIZED DISCHARGE
A discharge of stormwater not authorized by an RIPDES permit or an allowable stormwater discharge found to be a significant contributor of pollutants to the MS4.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERCOURSE
A natural or human-made surface drainage channel or body of water (including a lake or pond) through which a water flow occurs, either continuously or intermittently.
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any pollutants or non-stormwater discharge unless:
A. 
The non-storm water discharge is permitted with a Rhode Island Pollution Discharge Elimination System (RIPDES) permit; or
B. 
The discharges are included in one of the following categories of discharges:
(1) 
Discharges which result from the washdown of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing;
(2) 
External building washdown where no detergents are used;
(3) 
The use of water to control dust;
(4) 
Fire-fighting activities;
(5) 
Fire hydrant flushings;
(6) 
Natural springs;
(7) 
Uncontaminated groundwater;
(8) 
Dechlorinated pool discharges;
(9) 
Air-conditioning condensate;
(10) 
Lawn watering;
(11) 
Potable water sources, including water line flushings;
(12) 
Irrigation drainage;
(13) 
Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used;
(14) 
Discharges from foundation or footing drains where flows are not contaminated with process materials such as solvents, or contaminated by contact with soils where spills or leaks of toxic or hazardous materials have occurred;
(15) 
Uncontaminated utility vault dewatering;
(16) 
Dechlorinated water line resting water;
(17) 
Hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.
A. 
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibit 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.
B. 
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.
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 persons or to the MS4 or waters the state. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state or to minimize danger to persons.
Any person discharging to the MS4 in violation of this article may have their MS4 access terminated it such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the authorized enforcement agency.
To the extent permitted by state law or if authorized by the owners or other party in control of the property, the authorized enforcement agency, its agents, officers and employees may enter upon privately owned property for the purpose of performing their duties under this ordinance and may make or cause to be made such examinations, surveys or sampling as the authorized enforcement agency deems reasonably necessary.
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 or 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 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 emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency 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 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. Nothing in this section shall preclude any owner/lessee from compliance with relevant provisions of the Rhode Island Clean Water Act, R.I.G.L. § 46-12-1 et seq. or other applicable laws or regulations.
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. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or lessee shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. Nothing in this section shall preclude any owner/lessee from compliance with relevant provisions of the Rhode Island Freshwater Wetlands Act, R.I.G.L. § 2-1-18 et seq., or other applicable laws or regulations.
A. 
Whenever the authorized enforcement agency finds that a person has violated a prohibition or failed to meet a requirement of this article, the authorized enforcement agency 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; and
(5) 
Payment of a fine to cover administrative and remedial costs; and
(6) 
The implementation of source control or treatment BMPs.
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.