[Adopted 8-7-2007 by Ord. No. 237]
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 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.
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 §
199-4 of this article.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined in 40 CFR,
Section 122.26(b)(14), or C.G.S. § 22a-430b.
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:
A.
Owned or maintained by the Town of North Branford;
B.
Not a combined sewer; and
C.
Not part of a publicly owned treatment works.
PERSON
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.
POLLUTANT
Anything which 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; wastes and residues that result from constructing a
building or structure; concrete and cement; and noxious or offensive matter
of any kind.
POLLUTION
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.
PREMISES
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.
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 of North Branford Water Pollution Control Authority prior to allowing
discharges to the municipal separate storm sewer system.
The Town of North Branford Water Pollution Control Authority 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.
A. 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 Town of North Branford Water Pollution Control Authority.
B. The owner or operator shall allow the Town of North Branford
Water Pollution Control Authority ready 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 an NPDES
permit to discharge stormwater.
C. The Town of North Branford Water Pollution Control Authority
shall have the right to set up on any property or facility such devices as
are necessary in the opinion of the Town of North Branford Water Pollution
Control Authority to conduct monitoring and/or sampling of flow discharges.
D. The Town of North Branford Water Pollution Control Authority
may require the owner or operator to install monitoring equipment and perform
monitoring as necessary, and make the monitoring data available to the Town
of North Branford Water Pollution Control Authority. 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.
E. 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 Town of North Branford Water Pollution Control Authority and shall not
be replaced. The costs of clearing such access shall be borne by the owner
or operator.
F. Unreasonable delays in allowing the Town of North Branford
Water Pollution Control Authority access to a facility are a violation of
this article.
G. If the Town of North Branford Water Pollution Control
Authority has been refused access to any part of the premises from which stormwater
is discharged, and the Town of North Branford Water Pollution Control Authority
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
Town of North Branford Water Pollution Control Authority may seek issuance
of a search warrant from any court of competent jurisdiction.