[HISTORY: Adopted by the City Council of the City of West
Haven 2-13-2017. Amendments noted where applicable.]
A.
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of West Haven through the regulation
of nonstormwater discharges to the 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 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 chapter are:
(1)
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by any user.
(2)
To prohibit illegal connections and discharges to the municipal separate
storm sewer system.
(3)
To establish legal authority to carry out all inspection, surveillance,
monitoring and enforcement procedures necessary to ensure compliance
with this chapter.
For the purposes of this chapter, the following shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this chapter.
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. Currently
these include construction projects resulting in land disturbance
of one acre or 1/2 acre in accordance with Department of Energy and
Environmental Protection (DEEP) requirements (discharge to impaired
water). 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 or 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 § 204-7 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 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 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.
A water body with chronic or recurring monitored violations
of the applicable numeric and/or narrative water quality criteria.
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 delegated
authority 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 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 activities; 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 chapter 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 Department of Public Works shall administer, implement,
and enforce the provisions of this chapter. 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 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; therefore, this chapter 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 municipal storm drain system or watercourses
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 drain system is prohibited, except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter: 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 PPM chlorine), firefighting activities, and
any other water source not containing pollutants.
(2)
Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
(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 chapter 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
Department of Public Works 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 discharges. Any person
discharging to the MS4 in violation of this chapter 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 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 Department of Public Works prior to the
allowing of discharges to the MS4.
This section applies to all facilities that have stormwater
discharges to the municipal stormwater system, including industrial,
commercial, and construction activities.
A.
Access to facilities.
(1)
The Department of Public Works shall be permitted to enter and inspect
facilities 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 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 Department of Public Works ready
access to all parts of the premises for the purposes of inspection,
sampling, 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 Department of Public Works 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 Department of Public Works 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 Department of
Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Department of Public Works access
to a permitted facility is a violation of a stormwater discharge permit
and of this chapter. 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 authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
(7)
If the Department of Public Works has been refused access to any
part of the premises from which stormwater is discharged, and it 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 agency may seek issuance
of a search warrant from any court of competent jurisdiction.
A.
The Department of Public Works 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. The owner
or operator of a residential, commercial or industrial (or under construction)
establishment shall provide, at their 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.
B.
Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of stormwater associated with industrial
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 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, 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 Department of Public Works 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 Department of Public Works finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
authorized enforcement agency may order compliance by written notice
of violation to the responsible person. Such notice may require, without
limitation:
(a)
The performance of monitoring, 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;
and
(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.
B.
Fines.
(1)
The fines shall not exceed the maximum permitted under state law, and the amount shall be determined in accordance with this subsection B.
(2)
Fine schedule. The fine for violations involving more than one activity
shall be equal to the sum of the fines for each applicable activity
class.
Activity Class
|
Fine
| |
---|---|---|
First violation
|
$100
| |
Second violation
|
$200
| |
Third and subsequent violations
|
$250
|
(3)
Any fine collected by the City of West Haven pursuant to this section
shall be deposited into the City of West Haven's general fund
account.
C.
Issuance of citations.
(1)
An authorized enforcement agent may issue a citation to any person
who commits a violation or a continuing violation of this chapter.
Any such citation may be issued either by hand delivery or by certified
mail to the person named in such citation. In such instances, each
citation shall apply jointly and severally to the owner of the property
in question and his/her agencies, contractors and subcontractors.
An original or certified copy of the initial citation issued by the
issuing official shall be filed and retained by the City of West Haven
and shall be deemed to be a business record within the scope of § 52-180
of the Connecticut General Statutes and evidence of the facts contained
therein. In addition, a copy of the initial citation shall be reported
to the Connecticut Department of Energy and Environmental Protection
pursuant to § 22a-31-14 of the Connecticut General Statutes.
(2)
The citation shall inform such person:
(a)
Of the allegation against him or her for which the citation
is issued pursuant to this section and the amount of the fines, penalties
and costs, as fees due;
(b)
That the person has a period of 30 days from the date of the
citation (i.e., the date of hand delivery or the date the citation
was mailed) to make an uncontested payment of the fines;
(c)
Payment may be made by cash, credit card, check or money order
made payable to the City of West Haven and submitted in person or
mailed to the City of West Haven Finance Department, 355 Main Street,
West Haven, CT 06516.
(d)
The citation notice shall also inform the person cited that
he/she may contest his liability before a citation hearing officer
by delivering in person or by mail written notice within 10 days of
the date thereof. The notice shall also inform the person that if
he/she does not demand such a hearing, an assessment and judgment
shall be entered against him/her and that such judgment may issue
without further notice.
(3)
Each violation shall be a separate and distinct offense. In the case
of the continuing violation, at the discretion of the Regulatory Compliance
and Administrative Officer and with the prior consent of the Director
of Operation, daily citations may be issued commencing two calendar
days from receipt of the notice of violation.
D.
Admission of liability by payment of fine. If any person who is sent
notice pursuant to this section wishes to admit to liability for any
alleged violation, he/she may, without requesting a hearing, pay the
full amount of the fines, penalties, costs or fees admitted to. Payment
may be made by cash, credit card, check or money order made payable
to the City of West Haven and submitted in person or mailed to the
City of West Haven Finance Department, 355 Main Street, West Haven,
CT 06516.
E.
Hearing on notice of violation.
(1)
Any person may demand a hearing on any notice of violation and/or
any fine by delivering a written request for the same to the Regulatory
Compliance and Administrative Officer within 10 calendar days of the
date of the first notice provided for in this section. Any person
who does not deliver such written request shall be deemed to have
admitted liability, and the Regulatory Compliance and Administrative
Officer shall certify such person's failure to respond to the
hearing officer. The hearing officer shall thereupon enter and assess
the fines, penalties, costs or fees provided for by this section and
shall follow the procedures set forth in the Uniform Administrative
Procedure Act, C.G.S. §§ 4-166 through 4-189.
(2)
Any person who requests a hearing shall be given written notice by
certified mail of the date, time and place for the hearing. Such hearing
shall be held not less than 15 calendar days nor more than 30 days
from the date of the mailing of the notice, provided that the hearing
officer shall grant upon good cause shown a postponement or continuance
for any reasonable request by any interested party. Once a hearing
has been requested, no additional citation shall be issued.
(3)
The presence of the issuing official shall be required at the hearing
if such person so requests. A person wishing to contest his/her liability
shall appear at the hearing and may present evidence in his/her behalf.
(4)
If the person who demanded a hearing fails to appear, the hearing
officer may enter an assessment by default against him/her upon finding
of proper notice and liability under this section.
(5)
A designated municipal official other than the hearing officer may
present evidence on behalf of the municipality.
(6)
The hearing officer may accept from the designated municipal official
copies of police reports, investigatory and citation reports and other
official documents, by mail, and may determine thereby that the appearance
of the municipal official not necessary.
(7)
The hearing officer shall conduct the hearing in the order and form
and with such methods of proof as he/she deems fair and appropriate.
The rules regarding the admissibility of evidence shall not be strictly
applied, but all testimony shall be given under oath or affirmation.
(8)
The hearing officer shall announce his/her decision at the end of
the hearing.
(a)
If the hearing officer determines that the person is not liable,
he/she shall dismiss the matter and enter his/her determination, in
writing, accordingly.
(b)
If the hearing officer determines that a violation has occurred
and that the person is liable for the violation, he/she shall then
enter the fines, penalties, cost or fees against such person as provided
by this section, in writing, with a copy to the violator.
If such assessment is not paid on the date of entry, the hearing
officer shall send by first-class mail a notice of the assessment
to the person found liable and shall file, not less than 30 days nor
more than 12 months after such mailing, a certified copy of the notice
of assessment with the Clerk of the Superior Court for the Small Claims
Session in Ansonia/Milford, together with the required entry fee.
The certified copy of the notice of assessment against the same person
may be accrued and filed as one record assessment. Within such twelve-month
period, assessments against the same person may be accrued and filed
on record of assessment. The Clerk of the Court shall enter a judgment,
in the amount of the assessment plus court costs, against such person
in favor of the City of West Haven. Notwithstanding any other provisions
of the Connecticut General Statutes, the hearing officer's assessment,
when so entered as a judgment, shall have the effect of a civil money
judgment, and a levy of execution on such judgment may be issued without
further notice to such person.
A person against whom a determination of violation and/or an
assessment has been entered is entitled to judicial review by way
of appeal. An appeal shall be instituted within 30 days of the mailed
notice of violation and/or notice of assessment by filing a petition
to reopen a determination of a violation and/or assessment, together
with the required entry fee pursuant to § 52-259 of the
Connecticut General Statutes, in the Superior Court, which shall entitle
such person to a hearing in accordance with the rules of the Superior
Court.
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 municipal authority 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 authorized enforcement agency or designated
contractor to enter upon the premises for the purposes set forth above.
Within 30 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 municipal authority 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. Any person violating any of the provisions of this
chapter shall become liable to the municipality by reason of such
violation. The liability shall be paid in not more than 12 equal payments.
Interest at the rate of 8% 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 chapter. If
a person has violated or continues to violate the provisions of this
chapter, 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 chapter, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as public
education activities, a mitigation project, outreach measures, attendance
at compliance workshops, environmental restoration activities, 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.
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
agency to seek cumulative remedies.
This chapter shall be in full force and effect upon the Mayor's
signature after its final passage and adoption. All prior ordinances
and parts of ordinances in conflict with this chapter are hereby repealed.