A.
Authorization to adopt and impose best management practices. The
Town 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 drain system,
or waters of the United States. Where best management practices requirements
are promulgated by the Town or any federal, State of Connecticut,
or regional agency for any activity, operation, or facility which
would otherwise cause the discharge of pollutants to the storm drain
system or water of the United States, every person undertaking such
activity or operation, or owning or operating such facility, shall
comply with such requirements.
B.
New development and redevelopment. The Town may adopt requirements
identifying appropriate best management practices to control the volume,
rate, and potential pollutant load of stormwater runoff from new development
and redevelopment projects as may be appropriate to minimize the generation,
transport and discharge of pollutants. The Town shall incorporate
such requirements in any land use entitlement and construction or
building-related permit to be issued relative to such development
or redevelopment. The owner and developer shall comply with the terms,
provisions, and conditions of such land use entitlements and building
permits as required in this ordinance.
C.
Responsibility to implement best management practices. Notwithstanding the presence or absence of requirements promulgated pursuant to Subsections A and B, any person engaged in activities or operations or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the United States 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 or operator's expense.
Notwithstanding the requirements of Article IV, § 52-19, herein, the Public Works Director may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
A.
The Public Works Director may require by written notice that a person
responsible for an illicit connection to the storm drain system comply
with the requirements of this ordinance to eliminate or secure approval
for the connection by a specified date, regardless of whether or not
the connection or discharges to it had been established or approved
prior to the effective date of this ordinance.
B.
If, subsequent to eliminating a connection found to be in violation
of this ordinance, the responsible person can demonstrate that an
illegal discharge will no longer occur, said person may request Town
approval to reconnect. The reconnection or reinstallation of the connection
shall be at the responsible person'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 shall be responsible
for maintaining and stabilizing that portion of the watercourse that
is within its property lines in order to protect against erosion and
degradation of the watercourse originating or contributed from its
property.
Whenever the Public Works Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the United States, the Public Works Director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of §§ 52-21 through 52-25 below.
The Public Works Director may require by written notice of requirement
that any person engaged in any activity and/or owning or operating
any facility which may cause or contribute to stormwater pollution,
illegal discharges, and/or nonstormwater discharges to the storm drain
system or waters of the United State to undertake at said person's
expense such monitoring and analyses and furnish such reports to the
Town of New Canaan as deemed necessary to determine compliance with
this ordinance.
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 water of the United States 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 Town's Public Works Department in person or
by phone or facsimile no later than 5:00 p.m. of the next business
day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the Town's Public Works Department
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.
