[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
Article I Stormwater Management
Article II Illicit Discharges and Connections
The purpose of this article is to make adequate provision for the development and maintenance of facilities to control increases in stormwater surface runoff resulting from land development.
The City shall not accept ownership of or responsibility for maintenance of any facilities for stormwater surface runoff control or detention, including but not limited to land and improvements thereon such as roads, curbs, drains, catch basins, culverts, retention ponds, basins or other facilities or their appurtenances, unless the requirements of this article are met, all laws applicable to the project being served by said facilities are complied with and the requirements of all governmental authorities having jurisdiction, including but not limited to the Middletown Planning and Zoning Commission and the Middletown Inland Wetlands and Watercourses Agency, have been complied with. If all requirements are met, the City will accept ownership and maintenance responsibility for such facilities.
Upon written certification to the Common Council by all governmental authorities having jurisdiction, including but not limited to the Middletown Planning and Zoning Commission and the Middletown Inland Wetlands and Watercourses Agency, that all requirements applicable to the project served by the facilities have been complied with, compliance with all laws applicable to the project served by the facilities and compliance with this article, the Common Council shall authorize and direct the Mayor to accept a deed or deeds conveying to the City title to such facilities for control and detention of stormwater surface runoff.
Prior to delivery of a deed to the City, the grantor shall pay to the City the sum of $100 per acre for each acre or fraction of an acre in the project. In addition to all other covenants made by the deed, the deed shall contain a covenant and guaranty to the City against defective workmanship or materials in the improvements constructed on the property conveyed for a period of six years from the recording of the deed. With the deed, the grantor shall deliver a performance bond with the grantor as principal and an insurance company authorized to act as a surety in Connecticut as the surety, as security for the six-year guaranty. Prior to the acceptance and recording of the deed, the City shall have no responsibility for maintenance of the facilities. All such facilities shall be constructed at the cost and expense of the grantor.
The deed or deeds to the City shall provide for adequate access to the facilities to be maintained and sufficient area to carry on all necessary and convenient maintenance activities.
The deed shall be a Connecticut warranty deed with warranty covenants as provided in Chapter 821a of the General Statutes as amended and in force at the time the deed is delivered to the City, conveying to the City clear title to the property free and clear of any encumbrances, liens, claims or defects of title which might affect the ownership of the City or the use of the property for control or detention of stormwater or the ability of the City to provide proper maintenance.
The grantor shall also provide an owner's title insurance policy in the name of the City insuring the property conveyed with a title insurer authorized to issue title insurance policies in Connecticut, in an amount equal to the value of the land and improvements thereon conveyed to the City.
Each deed shall be immediately recorded in the Middletown land records, and thereafter the City shall have the responsibility for maintenance of the drainage facilities.
The Public Works Department shall maintain such facilities.
[Adopted 6-3-2013 by Ord. No. 16-13]
An illicit discharge is defined as any discharge to the municipal separate storm sewer system (stormwater drainage system) that is not composed entirely of stormwater runoff (except for discharges allowed under a NPDES permit or nonpolluting flows). These nonstormwater discharges occur due to illegal dumping or illegal connections to the stormwater drainage system. This article provides the City of Middletown with the authority to regulate illicit discharges, designates who shall administer and enforce the provisions of this article, and establishes enforcement actions for those persons or entities found to be in noncompliance or that refuse to allow access to their facilities.
It is hereby determined that:
Discharges to the municipal separate storm sewer system that are not composed entirely of stormwater runoff contribute to increased nonpoint source pollution and degradation of receiving waters.
These nonstormwater discharges occur due to spills, dumping and improper connections to the municipal separate storm sewer system from residential, industrial, commercial or institutional establishments.
These nonstormwater discharges not only impact waterways individually, but geographically dispersed, small-volume nonstormwater discharges can have cumulative impacts on receiving waters.
The impacts of these discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters; these impacts can be minimized through the regulation of spills, dumping and discharges into the municipal separate storm sewer system.
Localities in the State of Connecticut are required to comply with a number of state and federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and nonpoint source pollution due to improper nonstormwater discharges to the municipal separate storm sewer system.
Therefore, the City of Middletown adopts this article to prohibit such nonstormwater discharges to the municipal separate storm sewer system. The Common Council firmly believes that the regulation of spills, improper dumping, and discharges to the municipal separate storm sewer system is in the public interest and will prevent threats to public health and safety and the environment.
If any provision of this article or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this article that can be given effect without the invalid provisions or applications; and to this end, the provisions of this article and the various applications thereof are declared to be severable.
The purpose of this article is to protect the public health, safety, environment and general welfare through the regulation of nonstormwater discharges to the municipal separate storm sewer system to the maximum extent practicable as required by federal and/or state law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are to:
Regulate the contribution of pollutants to the municipal separate storm sewer system by any person;
Prohibit illicit discharges and illegal connections to the municipal separate storm sewer system;
Prevent nonstormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to these separate storm sewer systems; and
Establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this article.
The provisions of this article shall apply throughout the City of Middletown.
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.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article.
The Director of Public Works, hereafter referred to as "Director," shall administer, implement, and enforce the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
- ACCIDENTAL DISCHARGE
- A discharge prohibited by this article, which occurs by chance and without planning or thought prior to occurrence.
- 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 the Connecticut Soil Erosion and Sedimentation Control Act or General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
- The Director of Public Works for the City of Middletown or his/her authorized deputy, agent, or representative.
- ILLEGAL CONNECTION
- Either of the following:
- A. Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit 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, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or
- B. Any pipe, open channel, drain or conveyance connected to the municipal separate storm sewer 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 nonstormwater discharge to the municipal separate storm sewer system, except as exempted in § 258-13, Prohibitions; exceptions, of this article.
- INDUSTRIAL ACTIVITY
- Activities subject to NPDES Industrial Permits as defined in 40 CFR 122.26(b)(14) or C.G.S. 22a-430b.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
- A permit issued by the Connecticut DEP under authority delegated 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.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM
- Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, municipal streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:
- NONSTORMWATER DISCHARGE
- Any discharge to the storm drain system that is not composed entirely of stormwater.
- Except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
- Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage; fecal coliform and pathogens; dissolved and particulate metals; animal wastes; silt, sand and/or exposed earth and wastes and residues that result from constructing a building, a road and/or a structure; concrete and cement, and noxious or offensive matter of any kind.
- The contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
- Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- STATE WATERS
- Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Connecticut which are not entirely confined and retained completely upon the property of a single person.
- STORMWATER RUNOFF or STORMWATER
- Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
- STRUCTURAL STORMWATER CONTROL
- A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff, including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
Editor's Note: See C.G.S. § 22a-325 et seq.
Prohibition of illicit discharges.
No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge, into the municipal separate storm sewer system any pollutants or waters containing any pollutants other than stormwater.
The following discharges are exempt from the prohibition provision above, providing they contain no pollutants:
Water line flushing performed by a public water utility, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space, air-conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants.
Discharges or flows from firefighting, and other discharges specified, in writing, by the City of Middletown as being necessary to protect public health and safety.
The prohibition provision above shall not apply to any nonstormwater discharge permitted under a NPDES permit or order issued to the discharger and administered under the authority of the state and the federal Environmental Protection Agency, 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 municipal separate storm sewer system.
Discharges from water main breaks and sewage released from manholes or sewer mains caused by blockages, or the repair of a broken sewer main, provided DEEP was notified and a bypass report was submitted as required by state law or regulation.
Prohibition of illegal connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the municipal separate storm sewer system is prohibited.
This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
A person violates this article if the person connects a line conveying sewage to the municipal separate storm sewer system or allows such a connection to continue.
Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the Middletown Water and Sewer Department. If what is being discharged is not acceptable to enter into the sanitary sewer system or infiltrate into the ground, then it will have to be discharged of in another way that is acceptable to the Town.
Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the municipal storm sewer system, shall be relocated by the owner or occupant of that property upon receipt of written notice of violation from the Town. Such notice will specify a time period within which the relocation of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the Director.
All vehicle washing must be performed in a manner which prevents the direct discharge of soapy washwater to a stream, river, or other surface water body. Wash waters should not enter a stormwater catch basin because the vast majority of these stormdrains discharge directly to a surface waterbody without treatment.
Vehicle washing should be performed in an area large enough to contain all wash water and allow it to seep into the grass, gravel and/or soil. It is important that the area selected be away from on-site or neighboring potable water supplies (wells). For more information on this subject, please refer to the latest guidance documents on "Disposal of Vehicle Wash Water" on the Connecticut Department of Environmental Protection's website.
Disposal of residential swimming pool and/or hot tub wastewater needs to comply with all the latest Connecticut Department of Environmental Protection (DEP) regulations and requirements. For more information on this subject, please refer to the environmental permitting section of the Connecticut DEP's website.
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 Director prior to allowing discharges to the municipal separate storm sewer system.
The Director shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.
If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the City.
The owner or operator shall allow the Director access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of a NPDES permit to discharge stormwater.
The Director shall have the right to set up on any property or facility such devices as are necessary in his/her opinion to conduct monitoring and/or sampling of flow discharges.
The Director may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to his/her office. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.
Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
Unreasonable delays in allowing the Director access to a facility are a violation of this article.
If the Director has been refused access to any part of the premises from which stormwater is discharged, and the Director 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, environment and welfare of the community, then the Director may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation, has information of any known or suspected release of pollutants or nonstormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, state waters, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.
Said person shall notify the Director no less than 24 hours after the event of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within three business days of the phone or in-person 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. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
Failure to provide notification of a release as provided above is a violation of this article.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the Middletown Police Department and/or the Director is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Director is authorized to seek costs of the abatement as outlined in Subsection E.
Notice of violation. Whenever the Director finds that a violation of this article has occurred, the Director may order compliance by written notice of violation.
The notice of violation shall contain:
The name and address of the alleged violator;
The address, when available, or a description of the building, structure or land upon which the violation is occurring or has occurred;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action. It is not the responsibility of the Town to formulate or design any remedial systems;
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
A statement that the determination of violation may be appealed to the Public Works Commission by filing a written notice of appeal within 30 days from the date of the written notice of violation.
Such notice may require, without limitation:
The performance of monitoring, analyses, and reporting required;
The elimination of illicit discharges and illegal connections;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Payment of costs to cover administrative and abatement costs; and
The implementation of pollution prevention practices acceptable to the City.
The reporting of the violation to the Connecticut Department of Environmental Protection (CTDEP) and/or the United States Environmental Protection Agency (EPA).
Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the Director. The notice of appeal must be received by the Town Clerk's office within 30 days from the date of the written notice of violation. A hearing on the appeal before the Public Works Commission shall take place within 60 days from the date of receipt of the notice of appeal. The alleged violator or his/her designee should be present at the Public Works Commission meeting to present his/her case and defend the accusations from the notice of violation. The decision of the Public Works Commission shall be final.
Enforcement measures after appeal. 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 the Public Works Commission upholding the decision of the Director, then the Director may enter upon the subject private property and is 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.
Costs of abatement of the violation.
Within 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 to the Public Works Commission objecting to the assessment or to the amount of the assessment within 30 days of such notice. A hearing on the abatement assessment appeal before the Public Works Commission shall take place within 60 days from the date of receipt of the notice of appeal. The alleged violator or his/her designee should be present at the Public Works Commission meeting to present their case on why the assessment is unfair.
If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said 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 liable to the City of Middletown by reason of such violation.
Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days, or such greater period as the Director shall deem appropriate, after the Director has taken one or more of the actions described above, the Director may impose a penalty not to exceed $100 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
Criminal penalties. For intentional and flagrant violations of this article, the Director may refer the violation to the United States Environmental Protection Agency (EPA) for enforcement of penalties under Sections 309 and 311 of the Clean Water Act.
Violations deemed a public nuisance. 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, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.
Remedies not exclusive.
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and the Director may seek cumulative remedies.
The Director may recover attorney's fees, court costs, and other expenses associated with enforcement of this article, including sampling and monitoring expenses.