The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
APPLICANT
Any person, corporation or public or private organization
proposing or engaged in a development which would involve disturbance
of natural terrain. "Applicant" shall also mean an authorized agent
acting on the applicant's behalf.
COASTAL FEATURES
Coastal beaches and dunes, barrier beaches, coastal wetlands,
coastal cliffs, bluffs and banks, rocky shores, and man-made shorelines,
as defined in the State Coastal Resources Management Program, as amended.
CUT
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
and the material removed in excavation.
DEVELOPMENT PROJECT
Any construction, reconstruction, demolition or removal of
structures, roadways, parking or other paved areas, utilities or other
similar facilities, including any action requiring a building permit
by the Town with the exception of signage and fencing, unless otherwise
required by the Building Official and/or his designee.
EROSION
The removal of mineral and/or organic matter by the action
of wind, water and/or gravity.
EXCAVATE
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
FILL
Any act in which earth, sand or other material is placed
or moved to a new location aboveground. The fill is also the difference
in elevation between a point of existing undisturbed ground and a
designated point of higher elevation of the final grade.
GABION
A rectangular or cylindrical wire mesh cage (wire basket)
filled with rock and used as a protecting agent, revetment, etc.,
against erosion.
LAND-DISTURBING ACTIVITY
Any physical land development activity which includes such
actions as clearance of vegetation, moving or filling of land, removal
or excavation of soil or mineral resources, or similar activities.
MULTIFAMILY
Any site, property, building, structure intended for use
by more than one family, including but not limited to apartments,
condominiums, duplexes and townhouses.
REINSPECTION FEE
The fee charged to the applicant or owner for repeated inspections
necessitated by any oversight in the compliance with the approved
soil erosion sediment control plan. The Building Official or his designee
has the right to waive this fee.
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow, including seepage flows, that
do not enter the soil but run off the surface of the land; also, that
portion of water that is not absorbed by the soil, but runs off the
land surface.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
wind, water and/or gravity as a product of erosion.
SILVICULTURE
A forestry operation or timber production that is approved
by the State Department of Environmental Management.
SITE PLANS
Plans for commerce, industry, parking lots, pipelines, utilities,
roads, public facilities, land grading, quarrying, mining, landfills
and/or demolitions.
STORMWATER POLLUTION PREVENTION PLAN
The approved document which is required before any person
may cause a disturbance to the natural terrain within the town as
regulated by this article. The document may also be referred to as
"SWPPP."
[Amended 11-6-2006 by Ord. No. 781]
WATERCOURSE
Any tidewater or coastal wetland at its mean high-water level
and any freshwater wetland at its seasonal high-water level, including
but not limited to any river, stream, brook, pond, lake, swamp, marsh,
bog, fen, wet meadow, or any other standing or flowing body of water.
The edge of the watercourse, as defined under the provisions of this
chapter, shall be used for delineation purposes.
[Amended 11-6-2006 by Ord. No. 781]
The purpose of this article is to control the
discharge of construction waste and to prevent soil erosion and sedimentation
from occurring as a result of nonagricultural development within the
Town by requiring the use of appropriate best management practices
(BMPs) to reduce or eliminate the pollutants in stormwater discharges
during and after construction so as to promote the safety, public
health and general welfare of the citizens of the Town.
[Amended 11-6-2006 by Ord. No. 781]
Neither approval of a stormwater pollution prevention
plan (SWPPP) nor compliance with any condition of this article shall
relieve the applicant from any responsibility for damage to persons
or property, nor impose any liability upon the Town for damages to
persons or property.
[Amended 11-6-2006 by Ord. No. 781]
The stormwater pollution prevention plan (SWPPP)
shall be prepared by a registered engineer, registered landscape architect,
or erosion and sediment control specialist certified by the Soil and
Water Conservation Society. Seven copies of the plan shall be submitted
to the Building Official or his designee. SWPPPs requiring the practice
of engineering shall be stamped and signed by a registered professional
engineer.
[Amended 11-6-2006 by Ord. No. 781]
To obtain approval for a land-disturbing activity, as found applicable by the Building Official or his designee under §
207-5, an applicant shall first file a stormwater pollution prevention plan (SWPPP) that is signed and stamped by the individual or agency responsible for the preparation of the plan. The SWPPP, as described in §
207-14, shall describe and ensure the implementation of best management practices (BMPs) to be employed by the applicant to reduce or eliminate the pollutants in stormwater discharges at the site.
[Amended 11-6-2006 by Ord. No. 781]
Where any portion of a proposed development
requires approval under the state Fresh Water Wetlands Act and where the approval contains provisions for soil erosion
and sediment controls, that approved plan shall be a component of
the overall SWPPP required by this article for the development.
[Amended 11-6-2006 by Ord. No. 781]
The Town shall collect fees from each applicant requesting approval of a stormwater pollution prevention plan for the purposes of administering this article. The Town Council shall retain the right to review and amend this schedule on a periodic basis. The nonrefundable filing fee shall be paid to the Town according to the construction site runoff control fee schedule in Chapter
93, Fees.
[Added 11-6-2006 by Ord. No. 781]
As used in this article, the following terms
shall have the meanings indicated:
ALLOWABLE NONSTORMWATER DISCHARGES
Discharges not comprised of stormwater, which are allowed
under the MS4 general permit, limited to the following, provided these
are not significant contributors of pollutants to the municipal separate
storm sewer system (MS4): discharges which result from the wash down
of vehicles at retail dealers selling new and used automobiles where
no detergents are used and individual residential car washing; external
building wash down where no detergents are used; the use of water
to control dust; firefighting activities; fire hydrant flushings;
natural springs; uncontaminated groundwater; dechlorinated pool discharges;
air-conditioning condensate; lawn watering; potable water sources,
including waterline flushings; irrigation drainage; 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; 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 waterline testing water; hydrostatic test water that
does not contain any treatment chemicals and is not contaminated with
process chemicals.
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 site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT (CWA)
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. As of
March 2003, RIPDES Storm Water Phase II permits are required for 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 who 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 nonstormwater 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 the Town of East Greenwich 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 the Town of East Greenwich.
ILLICIT DISCHARGE
Any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater except discharges pursuant to
a RIPDES permit (other than the RIPDES permit for discharges from
the municipal separate storm sewer) and discharges resulting from
firefighting activities.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A.
Owned or operated by a city or town or the state
district association, or other public body (created by or pursuant
to state law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater or other wastes, including special districts under
state law, such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian
tribal organization, or a designated and approved management agency
under Section 208 of the CWA that discharges to waters of the state;
B.
Designed or used for collecting or conveying
stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment
works (POTW) as defined in Rule 3 of the RIPDES Regulations.
OPERATOR
The party or parties that either individually or taken together
have the day-to-day operational control over the facility's 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.
POLLUTANTS
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
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.
STORMWATER
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
UNAUTHORIZED DISCHARGE
A discharge of stormwater not authorized by a RIPDES permit
or an allowable stormwater discharge found to be a significant contributor
of pollutants to the MS4.
WATERCOURSE
A natural or man-made surface drainage channel or body of
water (including a lake or pond) through which a water flow occurs,
either continuously or intermittently.
WATERS OF THE STATE
Surface and ground waters within the boundaries of the State
of Rhode Island and subject to its jurisdiction.
This article is promulgated pursuant to the
Rhode Island Department of Environmental Management's ("DEM") General
Permit Rhode Island Pollutant Discharge Elimination System Storm Water
Discharge from Small Municipal Separate 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.
Any person subject to an industrial or construction
activity RIPDES 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 Building Official prior to
the allowing of discharges to the MS4.
The Building Official shall be permitted, upon
the presentation of credentials and other documents as may be required
by law, to:
A. Enter the discharger's premises where a regulated
activity is conducted or where records must be kept as required under
the conditions of this permit;
B. Have access to and copy, at reasonable times, any
records that must be kept as required under the conditions of the
permit;
C. Inspect at reasonable times any equipment, practices
or operations regulated or required under this permit; and
D. Sample or monitor any substances or parameters at
any location, at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the CWA or Rhode Island law.
In an attempt to prevent, control and reduce
stormwater pollutants, any person engaged in activities or operations
or owning facilities or property which will or may result in pollutants
entering stormwater, the storm sewer system or waters of the state
shall implement best management practices to the extent they are technologically
achievable to prevent and reduce such pollutants. The owner or operator
of a commercial or industrial establishment shall provide reasonable
protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses. Facilities
to prevent accidental discharge of prohibited materials or other wastes
shall be provided and maintained at the owner's or operator's expense.
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 reasonably 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 his or her property
lines in order to protect against erosion and degradation of the watercourse
originating or contributed from his or her property. Nothing in this
section shall preclude any owner/lessee from compliance with relevant
provisions of the Rhode Island Fresh Water Wetlands Act, R.I.G.L.
§ 2-1-18 et seq., or other applicable laws or regulations.
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 unauthorized discharges or pollutants discharging
into stormwater, the storm drain system, or waters of the state from
said facility, 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 a hazardous material, said person shall immediately
notify emergency response officials of the occurrence via emergency
dispatch services (911). In the event of a release of nonhazardous
materials, said person shall notify the Building Official no later
than the next business day. Notifications in person or by phone shall
be confirmed by written notice addressed and mailed to the Building
Official 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.
Any person receiving a notice of violation may
appeal the determination of the Building Official. The notice of appeal
must be received within 30 days from the date of the receipt of the
notice of violation. The notice of appeal shall be in writing and
contain a detailed basis upon which the appeal was taken. The procedure
for said appeal shall be in conformity with the Administrative Procedures
Act, R.I.G.L. § 42-35-1 et seq.
In lieu of enforcement proceedings, penalties
and remedies authorized by this article, the Building Official may
enter into a negotiated settlement to resolve the appeal of the notice
of violation. Such settlement may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
If no timely appeal of a notice of violation
has been taken and 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 Building Official
upholding the decision of the Building Official, then representatives
of the Town of East Greenwich shall undertake all necessary actions,
including requesting injunctive relief through the Superior Court,
to enter upon the subject private property and take any and all measures
necessary to abate the violation and/or restore the property.
The Building Official is authorized to issue
the following administrative orders at any time he or she deems such
action appropriate to secure timely and effective compliance with
this article or a discharge permit or order issued pursuant to this
article, whether or not any previous notifications of violation have
been provided to the user.
A. Cease and desist order. The authorized enforcement
agency may issue an order to cease and desist a violation or an action
or inaction which threatens a violation and to direct the user to
comply forthwith or to take such appropriate remedial or preventive
action as may be needed to properly address the violation or threatened
violation, including halting operations and terminating the discharge.
B. Compliance order. The Building Official may issue
an order requiring a user to provide within a specified period of
time such treatment, pretreatment or discharge control facilities
or related appurtenances as are necessary to correct a violation or
to prevent a threatened violation. A compliance order may also direct
that a user provide improved operation and maintenance of existing
discharge facilities, conduct additional self-monitoring or submit
appropriate reports or management plans.
C. Show cause order. The Building Official may issue
an order to show cause why a proposed enforcement action should not
be taken. Notice shall be served on the user specifying the time and
place for a meeting, the proposed enforcement action and the reasons
for such action, and a request that the user show cause why the proposed
enforcement action should not be taken. Whether or not a duly notified
user appears as noticed, additional enforcement action may be initiated.
D. Consent order. The Building Official may enter into
consent orders, assurances of voluntary compliance, or other similar
documents establishing an agreement with a user. Such orders shall
include specific actions to be taken by the user and specific time
frames to correct a violation or to remove the threat of a violation.
Within 14 days after abatement of the violation,
by or under the direction of the Building Official, the owner of the
property will be notified by the Town of East Greenwich of the cost
of abatement, including administrative costs. If the amount due is
not paid within a timely manner as determined by the Town of East
Greenwich, 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
section shall become liable to the Town of East Greenwich 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 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 Building Official may petition for a temporary,
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 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.
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 Town of
East Greenwich to seek cumulative remedies.