[HISTORY: Adopted by the Board of Selectmen
of the Town of Woodbridge 9-13-2006, effective 10-13-2006 (Ch. 4, Art. XX, of the 1983 Code);
amended in its entirety 1-8-2020, effective 2-22-2020. Subsequent amendments noted where
applicable.]
The purpose of this chapter is to provide for the health, safety
and general welfare of the citizens of Woodbridge through the regulation
of nonstormwater discharges to the municipal separate storm sewer
system (MS4 or "storm drainage system") to the maximum extent practicable
as required by federal and state law. This chapter establishes methods
for controlling the introduction of pollutants into the MS4 in order
to comply with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process. The objectives of this chapter are:
A.Â
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B.Â
To prohibit and eliminate illicit connections and discharges to the
MS4.
C.Â
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter.
D.Â
To set forth the consequences for violation of this chapter, including,
without limitation, the imposition of fines.
As used in this chapter, the following terms shall have the
meanings indicated:
The Public Works Department is the municipal department designated
to enforce this chapter; the Public Works Director and employees or
designees designated by him or her are charged with overseeing compliance
and enforcement.
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,
such as MS4s. 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 amendments thereto.
Any activity associated with construction at a site, including,
but not limited to, clearing and grubbing, grading, excavating, and
dewatering.
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 MS4, except as exempted in § 370-3 of this chapter.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to any conveyances which allow any nonstormwater discharge,
including sewage, process wastewater, and wash water to enter the
MS4 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 MS4 that 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 the EPA [or by a state 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.
Any discharge to an MS4 that is not composed entirely of
stormwater.
Any individual, fiduciary, 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, ordnance, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and waters; 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 to identify sources of
pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, storm drainage systems,
and/or receiving waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility or premises.
This chapter shall apply to all water entering the storm drainage
system generated on any premises unless explicitly exempted by the
authorized enforcement department.
The Public Works Department, through the Public Works Director,
shall administer, implement, and enforce the provisions of this chapter
and is designated the authorized enforcement department. Any powers
granted or duties imposed upon the authorized enforcement department
may be delegated, in writing, by the Public Works Director to persons
or entities acting in the beneficial interest of or in the employ
of the authorized enforcement department.
The provisions in this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter 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 chapter.
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards. This chapter is not intended to nor
shall it imply that compliance by any person will ensure that there
will be no contamination, pollution or unauthorized discharge of pollutants.
A.Â
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the storm drainage system or watercourses any
materials, including but not limited to pollutants, waters containing
any pollutants, wastewater or nonstormwater discharges, that cause
or contribute to a violation of applicable federal or state water
quality standards, other than stormwater. The commencement, conduct
or continuance of any illegal discharge to the storm drainage system
is prohibited except as described as follows:
(1)Â
The following discharges are exempt from discharge prohibitions established
by this chapter: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air-conditioning
condensation, springs, natural riparian habitat or wetland flows,
residential swimming pools (provided water is dechlorinated, i.e.,
less than 1 PPM chlorine), firefighting activities.
(2)Â
Discharges specified, in writing, by the authorized enforcement department
as being necessary to protect public health and safety.
(3)Â
Dye testing is an allowable discharge, but requires written notification
to the authorized enforcement department prior to the time of the
test.
(4)Â
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 United
States 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 storm drainage
system in accordance therewith.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the storm drainage system is prohibited.
(2)Â
The construction, use, maintenance or continued existence of connections
for conveyance of stormwater to the sanitary sewer system owned by
the Greater New Haven Water Pollution Control Authority is prohibited;
further, the discharge of any other substance to the sanitary sewer
system owned by the Greater New Haven Water Pollution Control Authority
(GNHWPCA) is subject to compliance with ordinances adopted by the
GNHWPCA and to obtaining and compliance with all required permits
from the GNHWPCA.[1]
(3)Â
These prohibitions expressly include, 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.
(4)Â
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the MS4 or storm drainage
system, or allows such a connection to continue.
A.Â
Suspension due to illicit discharges in emergency situations. The
authorized enforcement department 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 the public, or to the storm drainage system or waters
of the United States. If the violator fails to comply with a suspension
order issued in an emergency, the authorized enforcement department
may take such steps as deemed necessary to prevent or minimize damage
to the storm drainage system or waters of the United States, or to
minimize danger to the public.
B.Â
Suspension due to the detection of illicit discharge.
(1)Â
Any person discharging to the storm drainage system in violation
of this chapter may have MS4 access terminated if such termination
would abate or reduce an illicit discharge. The authorized enforcement
department shall notify a violator of the proposed termination of
its MS4 access. The violator may petition the authorized enforcement
department for a reconsideration and hearing.
(2)Â
A person violates this chapter if the person reinstates MS4 access
to premises terminated pursuant to this section without the prior
approval of the authorized enforcement department.
Any person subject to an industrial 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 authorized enforcement department prior
to the allowing of discharges to the MS4.
A.Â
Applicability. This section applies to all premises that have stormwater
discharges associated with industrial activity, including construction
activity.
B.Â
Access to premises.
(1)Â
The authorized enforcement department shall be permitted to enter
and inspect premises and all facilities and improvements located thereon
subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. If a discharger has security
measures in force which require proper identification and clearance
before entry onto the premises or into any facility or improvement
located thereon, the discharger shall make the necessary arrangements
to allow access to the authorized enforcement department.
(2)Â
The person owning or leasing the premises and/or the operator of
any facility or improvement located thereon and/or the agent of such
owner or operator shall allow the authorized enforcement department
ready access to all parts of the premises for purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES stormwater discharge permit, and the performance
of any additional duties as defined or required by state and federal
law.
(3)Â
The authorized enforcement department shall have the right to set
up on any part of such premises, including any part of any facility
or improvement located thereon, such devices as are necessary in the
opinion of the authorized enforcement department to conduct monitoring
and/or sampling of the stormwater discharge from the premises or any
facility or improvement located thereon.
(4)Â
The authorized enforcement department has the right to require the
discharger to install monitoring equipment as necessary. Such 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)Â
Any temporary or permanent obstruction to safe and easy access to
the premises or any improvement or facility located thereon to be
inspected and/or sampled shall be promptly removed at the written
or oral request of the authorized enforcement department and shall
not be replaced. The costs of clearing such access shall be borne
by the person who owns the premises and/or the operator of any facility
or improvement located thereon.
(6)Â
Unreasonable delays in allowing the authorized enforcement department
access to premises described in this section is a violation of a stormwater
discharge permit and of this chapter. A person who is the operator
of a facility with an NPDES stormwater discharge permit to discharge
stormwater associated with industrial activity commits an offense
if the person denies the authorized enforcement department reasonable
access to the permitted facility for the purpose of conducting any
activity authorized or required by this chapter.
(7)Â
If the authorized enforcement department has been refused access
to any part of the premises from which stormwater is discharged, and
such department is able to demonstrate probable cause to believe that
there may be a violation of this chapter, 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 chapter or any order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then the authorized enforcement department
may seek issuance of a search warrant and/or restraining order or
like remedy from any court of competent jurisdiction.
The Town, through its authorized enforcement department, will
adopt requirements identifying best management practices for any activity,
operation or facility which may cause or contribute to pollution or
contamination of stormwater, the storm drainage system, or waters
of the United States. 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 drainage system or watercourses through the
use of these structural and nonstructural BMPs. Further, any person
responsible for a property or premises or any person who is the owner
of such 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 storm drainage system. Compliance with
all terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity shall be deemed
compliance with the provisions of this section. These BMPs shall be
part of a stormwater pollution prevention plan as necessary for compliance
with requirements of the NPDES permit.
Every person owning premises through which a watercourse passes,
or such person's lessee, and/or any occupant of such premises,
shall keep and maintain that part of the watercourse within such premises
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, lessee or occupant
of such premises 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
owning, leasing or using premises or 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 hazardous
materials which are resulting or may result in illegal discharges
or pollutants discharging into stormwaters, the storm drainage system,
or water of the United States, 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 department,
in person or by phone or by 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 authorized enforcement department
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.
A.Â
Whenever the authorized enforcement department finds that a person
has violated a prohibition or failed to meet a requirement of this
chapter, such department may order compliance by written notice of
violation to the responsible person. Such notice may require any one
or more of the following without limitation:
(1)Â
The performance of monitoring, analyses, and reporting;
(2)Â
The elimination of illicit connections or discharges;
(3)Â
That violating discharges, practices or operations shall cease and
desist;
(4)Â
The abatement or remediation of stormwater pollution, hazardous materials
or contamination hazards and the restoration of any affected property;
(5)Â
The payment of a fine to cover administrative and remediation costs;
(7)Â
The implementation of source control or treatment BMPs.
B.Â
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. Where elimination is
not possible within 60 days of source confirmation, a schedule for
its elimination will be set for no more than 180 days. Said notice
of violation 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/department or a contractor,
and the expense thereof shall be charged to the violator. Any such
notice of violation shall be sent to the person by regular, first-class
mail and by certified mail, return receipt requested, mailed to the
premises address or the last known address of the person as shown
on Town Tax Assessor records.
Any person receiving a notice of violation may appeal the determination through filing a timely notice of appeal. The notice of appeal must be received by the authorized enforcement department within 15 days from the date of the notice of violation. Hearing on the appeal shall take place not less than 15 nor more than 30 calendar days from the date of receipt of the notice of appeal. The hearing shall be conducted by the Town of Woodbridge in accordance with § 15-4F of Chapter 15. The decision of the municipal authority or its designee shall be final, except that the person shall have a right of further appeal as outlined under Chapter 15, Citation Hearing Procedure.
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 calendar days of the decision of the municipal authority upholding the decision of the authorized enforcement department, with no appeal having been taken to the Superior Court pursuant to Chapter 15, Citation Hearing Procedure, of this Code, then representatives of the authorized enforcement department shall enter upon the premises and are authorized to take any and all measures necessary to abate the violation and/or restore the premises. It shall be unlawful for any person, agent, or person in possession of the premises to refuse to allow the authorized enforcement department or designated agent or contractor to enter upon the premises for the purposes set forth above.
Any person violating any of the provisions of this chapter shall
become liable to the Town by reason of such violation. Within 30 days
after abatement of the violation, the owner of the premises shall
be notified, in writing, of the cost of abatement, including administrative
costs. Any such notice of abatement costs shall be sent to the owner
of the premises by regular, first-class mail and by certified mail,
return receipt requested, mailed to the premises address or the last
known address of the owner of the premises as shown on Town Tax Assessor
records.
A.Â
The owner of the premises may file a written appeal objecting to the amount of the assessment within 15 calendar days of the date of the notice of abatement costs. Hearing on a timely filed appeal shall take place not less than 15 nor more than 30 calendar days from the date of receipt of the notice of appeal by the Town of Woodbridge. The hearing shall be conducted by the Town of Woodbridge in accordance with § 15-4F of Chapter 15, Citation Hearing Procedure, of this Code. The decision of the municipal authority or its designee shall be final, except that the person shall have a right of further appeal as outlined under Chapter 15, Citation Hearing Procedure.
B.Â
If the amount due is not paid within 30 days of the date of notice
of abatement costs and no appeal of same has been timely filed, or,
if timely appealed, within 30 days of the date the designated municipal
hearing authority upholds the imposition of abatement with no appeal
thereof to the Superior Court having been filed by the owner, lessee
or occupant of the premises, the abatement costs shall become a special
assessment against the property and shall constitute a lien on the
premises for the amount of the assessment. In the alternative, the
Town of Woodbridge shall be entitled to claim a mechanic's lien
against the owner, lessee and/or occupant of the premises, which lien
shall be filed in the office of the Town Clerk and shall encumber
the premises. The Town of Woodbridge shall have all the rights and
remedies granted to contractors pursuant to the provisions of the
Connecticut General Statutes, §§ 49-33 through 49-40a,
as amended. To the maximum extent permitted by law, the Town of Woodbridge
shall be entitled to recover all costs of collection of abatement
costs, including its reasonable attorneys' fees.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, the authorized enforcement department may petition for a
preliminary or permanent injunction restraining the person from activities
that 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 chapter, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
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 chapter 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.
Any person that has violated or continues to violate this chapter
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a penalty of $100 per violation per day,
each day such violation persists or exists constituting a separate
violation. The authorized enforcement department may recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this chapter, including sampling and monitoring expenses.
The remedies listed in this chapter 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
department to seek cumulative remedies.
