[HISTORY: Adopted by the Town Meeting of the Town of Middlefield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-16-2011]
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of Middlefield 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 storm drainage system in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process. The objectives of this article are:
A.
To regulate the contribution of pollutants to the storm drainage
system through stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to the storm drainage
system.
C.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
For the purposes of this article, the following definitions
shall apply:
Employees or designees of the director of the municipal agency
designated to enforce this article.
Schedules of activities, prohibition 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 Middlefield Board of Selectmen or its authorized designee.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Currently
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 building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
The person or persons designated from time to time by the Board of Selectmen to hear appeals in accordance with § 380-14 herein. The hearing officer shall not be a police officer, Middlefield Town employee, or person authorized to issue a citation for violation of this article.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 380-6 of this article.
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
Board of Selectmen; 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
Board of Selectmen or other public official or body having jurisdiction
thereof.
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 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 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, ordinances 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.
The 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 that 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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
This includes but is not limited to lakes, ponds, rivers, streams
and any other surface water defined as a watercourse by the Town's
inland wetland regulations.
Surface watercourses and water bodies as defined at 40 CFR
122.2, including without limitation intrastate lakes, rivers, streams
(including intermittent streams), mud flats, wetlands, sloughs, wet
meadows or natural ponds, the use, degradation or destruction of which
could affect interstate or foreign commerce.
This article shall apply to all water entering the storm drainage
system, whether generated on developed or undeveloped lands, unless
explicitly exempted by the First Selectman.
The Board of Selectmen shall, in consultation with the Town
Engineer, administer, implement and enforce the provisions of this
article. The Board of Selectmen may delegate its powers and duties
under this article to an authorized designee, except that the Board
of Selectmen shall not delegate the power to appoint the hearing officer.
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. No person shall discharge or cause
to be discharged into the storm drainage system any materials, including,
but not limited to, pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable 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)
The following discharges are exempt from discharge prohibitions established
by this article: waterline 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, noncommercial washing of vehicles, natural
riparian habitat or wetland flows, swimming pools (if dechlorinated
– typically less than one part per million chlorine), firefighting
activities, and any other water source not containing pollutants.
(2)
Discharges specified in writing by the Board of Selectmen as being
necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires written notification
to the Board of Selectmen prior to the time of the test. Said written
notification may be in the form of electronic mail, facsimile transmission
or hard-copy letter format.
(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, 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 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 storm drainage system
or allows such a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
Board of Selectmen may, without prior notice, suspend storm drainage
system 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 storm drainage system or waters of
the United States. If the violator fails to comply with a suspension
order issued in an emergency, the Board of Selectmen 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 persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the storm drainage system in violation of this article
may have his storm drainage system access terminated if such termination
would abate or reduce an illicit discharge. The Board of Selectmen
will notify a violator of the proposed termination of its storm drainage
system access. The violator may petition the Board of Selectmen for
reconsideration and hearing.
C.
A person commits an offense if the person reinstates storm drainage
system access to premises terminated pursuant to this section without
the prior approval of the Board of Selectmen.
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 Board of Selectmen prior to the allowing
of discharges to the storm drainage system.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial or construction activity and
any other commercial or residential facilities that discharge stormwater
to the storm drainage system.
B.
Access to facilities.
(1)
The Board of Selectmen 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 which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives or designees of the
Board of Selectmen.
(2)
Facility operators shall allow the Board of Selectmen ready access
to all parts of the facility for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions
of a town, state or federal NPDES permit to discharge stormwater and
the performance of any additional duties as defined by state and federal
law.
(3)
The Board of Selectmen shall have the right to set up on any NPDES-permitted
facilities such devices as are necessary, in the opinion of the Board
of Selectmen, to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Board of Selectmen has the right to require the installation
of sampling and monitoring equipment on any NPDES-permitted facility
by the discharger at its own expense. 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 Board of Selectmen
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
(6)
Unreasonable delays in allowing the Board of Selectmen 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
an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the Board of Selectmen
reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by this article.
(7)
If the Board of Selectmen has been refused access to any part of
the facility from which stormwater is discharged, and it 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 Board of Selectmen may seek issuance of a search warrant
from any court of competent jurisdiction.
The Board of Selectmen 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 storm drainage system
or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or facility 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 storm drainage system, as directed by the Board of Selectmen.
Compliance with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial 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 (SWPP) 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, 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. Notwithstanding this section, all activities within
a wetland or watercourse are further subject to the jurisdiction of
the Middlefield Inland Wetlands Commission.[1]
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 drainage system or waters 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 First Selectman in person or by phone, electronic mail 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 Board of Selectmen 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 Board of Selectmen finds that a person has violated
a prohibition or failed to meet a requirement of this article, it
shall order compliance by written notice of violation to the responsible
person. The Board of Selectmen shall also serve notice of the violation
on the owner of the real property on which the facility is located,
if the owner differs from the person responsible for the violation.
Such notice may require, without limitation:
(a)
The performance of monitoring, analyses and reporting;
(b)
The elimination of illicit discharges or connections;
(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; and
(e)
The implementation of source control or treatment BMPs.
(2)
No written notice may be issued against the state or any state official
or state employee acting within the scope of his employment. Such
written notice shall explain the nature of the violation and the steps
required for compliance and shall allow a seventy-two-hour period
within which to correct the violation or within which a written plan
for correction shall be submitted to the Board of Selectmen, setting
forth a reasonable time period for correction of the violation as
agreed upon by the Board of Selectmen. A written notice issued pursuant
to this subsection shall be served: a) by hand delivery, at which
time the seventy-two-hour period shall begin; or b) by certified mail,
return receipt requested, and by regular first class mail. Three business
days shall be allowed for mail delivery of the notice prior to the
commencement of the seventy-two-hour period.
(3)
Said notice shall advise that, should the violator fail to remediate
or restore within the established deadline, the Board of Selectmen
may resort to one or more of the following remedies:
(a)
Order the work be done by a designated governmental agency or
a contractor and the violator held responsible for the Town's expenses
for the remediation;
(b)
Issue a citation imposing fines for violation of this article;
or
(c)
Resort to any other remedy permitted under this article or applicable
law.
(4)
Said notice shall further advise that any person served shall have a right to appeal the notice of violation to a hearing officer within seven days from receipt of the notice of violation, following the procedures of § 380-14 of this article; and that finding of a violation will be final if an appeal is not timely taken.
B.
Procedure for issuance of citations.
(1)
Within two business days after the period for appealing the notice
of violation expires without an appeal, or within two business days
of a decision on appeal upholding the notice of violation, the First
Selectman shall reinspect the subject property to determine compliance.
(2)
If the violations set forth in the written notice have not been corrected
at the time of reinspection, the Board of Selectmen may issue a citation
and fine of up to $250 for each violation. The Board of Selectmen
shall serve the citation by hand; by certified mail, return receipt
requested; by leaving a true and attested copy of the citation at
the usual place of abode or residence of the person in violation;
or in the case of a corporate or business entity, shall serve the
citation by delivery to the business address or the address of the
statutory agent of said entity. The Board of Selectmen shall also
serve the citation in the same manner on the owner of the real property
on which the facility is located, if the owner differs from the person
in violation. No such fine shall be levied against the state or any
state official or state employee acting within the scope of his employment.
All citations issued pursuant to this section shall state the violation
for which the citation is being issued, the fine imposed for the violation,
the time period within which the fine must be paid, and an address
for remittance of the fine.
C.
Compliance periods after citation.
(1)
If a citation is issued, every twenty-four-hour period in which the
violation remains uncorrected after service of the citation shall
constitute a new violation of this article. The citation shall include
a notice to the alleged violator that each twenty-four-hour period
of noncompliance after service of the citation shall constitute a
new violation and a new fine of up to $250.
(2)
The Board of Selectmen shall not be responsible for a daily reinspection.
Rather, the person to whom the citation has been issued shall be responsible
for reporting subsequent compliance by way of written report to the
Board of Selectmen. The Board of Selectmen shall reinspect to confirm
compliance within one business day of receipt of such report.
D.
Payment of fines. All fines imposed under this article shall be made
payable to the Town of Middlefield and shall be received by the Board
of Selectmen within 10 days from date of notice of the citation if
uncontested, or within seven days from a decision of the hearing officer
upholding on appeal the citation imposing the fines. All fines collected
by the Board of Selectmen shall be deposited into the Town of Middlefield
general fund. Any unpaid fines shall become a special assessment against
the facility and the real property within which the facility may be
located and shall constitute a lien on the facility and real property
for the amount of the assessment. Interest at the rate of 12% per
annum shall be assessed on the balance, beginning with the date the
amount due becomes a special assessment.
A.
If the Board of Selectmen issues a citation, the Board of Selectmen
shall serve, along with the citation, written notice of the right
to an appeal to the hearing officer.
B.
Any person on whom a citation is served may appeal the citation to
the hearing officer by serving the reasons for the appeal in writing
on the Board of Selectmen within 10 days from receipt of the citation.
The appeal shall be accompanied by a twenty-five-dollar appeal fee.
The appeal fee may be increased at two-year intervals, in the Board
of Selectmen's discretion, provided that the appeal fee does not exceed
the fee to file a small claims action in the Connecticut Superior
Court. Appeal fees shall be returned to the appealing facility operator
or facility owner if the appeal is upheld.
C.
The hearing officer shall conduct a hearing not less than 15 days
nor more than 30 calendar days from the Board of Selectmen's receipt
of the appeal. The hearing shall be informal in nature. The person
requesting the hearing may testify concerning the facts, circumstances
and nature of his/her appeal and may present supporting documentation.
The hearing officer shall render a written decision within 15 calendar
days of the hearing. The decision will affirm or reverse the decision
of the Board of Selectmen. A decision reversing the Board of Selectmen's
decision will nullify all fines assessed in the citation.
D.
Filing a request for appeal shall stay assessment of any further
fines until the hearing officer has completed his review. If a request
for appeal is not made during the ten-day period after service of
the citation, the action of the Board of Selectmen will become final.
F.
The hearing officer on appeal of a notice of violation shall affirm
or reverse the finding of the violation. The hearing officer on appeal
of a citation shall affirm or reverse the decision to issue a citation
and, on affirming the citation, may modify the amount of days for
which fines are imposed. On an appeal from a citation, the hearing
officer may not reverse or modify a finding of violation but may consider
whether the violation has been corrected since the finding of violation
became final.
If the violation has not been corrected and no appeal from the
notice of violation has been timely taken or if, in the event of an
appeal, the violation has not been corrected within seven days of
the decision of the hearing officer upholding the decision of the
Board of Selectmen, then the Board of Selectmen or its designated
contractor may enter upon the facility and is 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 the facility to refuse to allow the First Selectman
or his designated contractor to enter upon the facility for the purposes
set forth in this section.
A.
Within 10 days after abatement of the violation, the Board of Selectmen shall serve notice upon the owner and operator of the facility and the owner of the real property on which the facility is located, if the owner is different from the owner and operator of the facility, of the costs of abatement, including administrative costs. Notice of the costs of abatement shall be served in the manner provided in § 380-13 for service of a citation. Any person so notified may file a written appeal objecting to the amount of the assessment within 10 days from notice of the cost of abatement. The appeal will follow the procedures for an appeal to the hearing officer as set forth in § 380-14.
B.
Upon expiration of the time to appeal or, if appealed, within seven
days from a decision of the hearing officer finding the Town is entitled
to some or all of its costs of abatement, if the amount due is not
paid it shall become a special assessment against the facility and
the real property within which the facility may be located and shall
constitute a lien on the facility and real property for the amount
of the assessment. 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 with the date the amount due becomes a special
assessment.
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 Board of Selectmen 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 Board of Selectmen may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, watershed cleanup, or other related
activities.
In addition to the enforcement processes and penalties provided
in this article, 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.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law. The Board of Selectmen may recover all attorneys' fees, court
costs and other expenses associated with enforcement of this article,
including sampling and monitoring expenses.
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 Board of Selectmen to
seek cumulative remedies.
