[HISTORY: Adopted by the Town Council of the Town of Rocky Hill as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-4-2006 by Ord. No. 232-06]
A.
The purpose of this article is to provide for the health,
safety, and general welfare of the citizens of the Town of Rocky Hill, Connecticut
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 municipal separate storm sewer system (MS4) in order to comply with
requirements of the National Pollutant Discharge Elimination System (NPDES)
permit process.
B.
The objectives of this article are:
(1)
To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by illicit stormwater discharges by any
user.
(2)
To prohibit illicit connections and discharges to the
municipal separate storm sewer system.
(3)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this article.
As used in this article, the following terms shall have the meanings
indicated:
Employees or designees of the Director of Engineering and Highways.
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 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, except as exempted in § 209-7 of this article.
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 nonstormwater discharge, including
sewage, processed or domestic wastewater, 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 conveyance 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.
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 waters of the United States, whether the permit is applicable to 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,
ordnances, 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, 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.
Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain system
generated on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Director of Engineering and Highways shall administer, implement,
and enforce the provisions of this article. Any powers granted or duties imposed
upon the authorized enforcement agency may be delegated in writing by the
Director of the authorized enforcement agency to persons or entities acting
in the beneficial interest of or in the employ of the agency.
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 drain system or watercourses any materials, including
but not limited to pollutants or liquids 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 drain system is prohibited except as described as follows
as per Section 3(a) (2) of the general permit for the discharge of stormwater
from MS4, as amended from time to time.
(3)
The following discharges are exempt from discharge prohibitions
established by this article, provided they contain no pollutants:
(a)
Landscape irrigation;
(b)
Uncontaminated groundwater discharges such as pumped
groundwater, foundation drains, water from crawl space pumps and footing drains;
(c)
Irrigation water;
(d)
Lawn watering runoff;
(e)
Residual street wash water;
(f)
Discharges or flows from fire-fighting activities (except
training); and
(g)
Naturally occurring discharges such as rising groundwaters,
uncontaminated groundwater infiltration [as defined at 40 CFR 35.2005(20)],
springs, diverted stream flows and flows from riparian habitats and wetlands.
(4)
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 Environmental
Protection, 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 by the Director of Engineering and Highways
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 Director of Engineering and Highways 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 authorized enforcement
agency may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the United States, or to minimize danger to persons.
B.
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 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.
C.
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.
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 of Engineering and Highways prior to the 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 Director of Engineering and Highways 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 authorized
enforcement agency.
(2)
Facility operators shall allow the Director of Engineering
and Highways ready access to all parts of the premises for the purposes of
inspection, sampling, and the 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 Director of Engineering and Highways shall have the
right to set up on any permitted facility such devices as are necessary in
the opinion of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(4)
The Director of Engineering and Highways 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 Director of Engineering
and Highways and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the Director of Engineering
and Highways access to a permitted facility is 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 authorized
enforcement agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(7)
If the Director of Engineering and Highways 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
authorized enforcement agency may seek issuance of a search warrant from any
court of competent jurisdiction.
The Director of Engineering and Highways will adopt requirements identifying
best management practices for any activity, operation, or facility that may
cause or contribute to pollution or contamination of stormwater, the storm
drain system, or waters of the state. The owner or operator of a commercial
or industrial establishment shall provide, at its 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 nonstructural BMPs. Further, any person responsible for a property
or premises, which is, or may be, the source of an illicit 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, commercial, or construction activity, to the extent practicable,
shall be deemed compliance 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
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, 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 drain system, or waters of the State of Connecticut,
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 Engineering and Highways 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.
(1)
Whenever the Director of Engineering and Highways 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 a
written notice of violation to the responsible person. Such notice may require,
without limitation:
(a)
The performance of monitoring, sampling, 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 stormwater pollution
or contamination hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation
costs;
(f)
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. 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.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be received
by the Director of Engineering and Highways within 15 days from the date of
the notice of violation. Hearing on the appeal before the Inland Wetlands
and Watercourses Agency shall take place within 15 days from the date of receipt
of the notice of appeal. The decision of the Inland Wetlands and Watercourses
Agency 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
15 days of the decision of the Inland Wetland and Watercourses Agency upholding
the decision of the authorized enforcement agency, then representatives of
the authorized enforcement agency 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 governmental
agency or designated contractor to enter upon the premises for the purposes
set forth above.
A.
Within 15 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 Inland Wetlands
and Watercourses Agency 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 of Rocky Hill by reason of such violation.
The liability shall be paid in not more than 12 equal payments. Interest at
the rate of 18% per annum shall be assessed on the balance beginning on the
first 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 authorized enforcement
agency 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.
In lieu of enforcement proceedings, penalties, and remedies authorized
by this article, the authorized enforcement agency may impose upon a violator
alternative compensatory actions, such as storm drain stenciling, attendance
at compliance workshops, watercourse cleanup, etc.
Any person who has violated or continues to violate this article shall
be liable for fines and penalties to the full extent of the law.
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 authorized enforcement agency to seek cumulative remedies.
