[HISTORY: Adopted by the Town Council of the Town of Wallingford 3-14-2018 by Ord. No. 621. Amendments noted where applicable.]
Sewers — See Ch. 177.
Increased development without proper consideration of stormwater impact can be a significant source of pollution to surface and ground water. The protection and preservation of valuable water resources is in the public interest and is essential to the health, welfare and safety of the residents of Wallingford. It is therefore the purpose of this chapter to protect and preserve the resources within the Town by managing stormwater flows in accordance with the standards set forth by the Connecticut Department of Energy and Environmental Protection. The objectives of this chapter are:
To regulate the contribution of pollutants to the storm drainage system by stormwater discharges by any user;
To prohibit illicit connections and discharge to storm drainage systems;
To establish legal authority for the administration and enforcement of the provisions of this chapter; and
To ensure compliance with the Town's municipal storm sewer system (MS4) permit.
For the purposes of this chapter, the following definitions shall apply:
- BEST MANAGEMENT PRACTICES (BMPs)
- 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.
- HAZARDOUS MATERIALS
- 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 and safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
- ILLEGAL DISCHARGE
- Any direct or indirect nonstormwater discharge to the storm drain system.
- ILLICIT CONNECTIONS
- 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 sanitary 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 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 agency.
- NONSTORMWATER DISCHARGE
- Any discharge, whether connected or unconnected, to the storm drain system that is not composed entirely of stormwater.
- 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, ordnance, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sanitary sewage, fecal coliform and pathogens; dissolved and particulate metals, animal wastes; wastes and residues that result from constructing a building or structure; cleaning agents, degreasers, paints, soaps and noxious or offensive matter of any kind.
- STORM DRAINAGE SYSTEM
- 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.
This chapter shall apply to all water entering the storm drain system generated on any developed or undeveloped lands.
The Town Engineer shall administer, implement and enforce the provisions of this chapter. The Town Engineer, with the approval of the Mayor, or the Mayor, may designate one or more additional persons to enforce the provisions of this chapter.
No person shall discharge or cause to be discharged into a municipal 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 such discharge to the storm drain system shall be prohibited.
The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing, nonhazardous dye testing, landscape irrigation or lawn watering, diverted stream flows, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), natural riparian habitat or wetland flows and firefighting activities.
The prohibition shall not apply to discharges exempted specifically in writing by the Enforcement Officer as being necessary to protect public health and safety.
The prohibition shall not apply to any nonstormwater discharge authorized under a permit or order issued under the National Pollutant Discharge Elimination System (NPDES) by the Federal Environmental Protection Agency.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. Such illicit connections shall specifically include the connection of a line conveying sanitary sewage to a storm drain system, or the allowance of such a connection, previously permitted to continue.
Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if such termination would abate or reduce an illegal discharge. The Town Engineer shall notify a violator of the proposed termination of its MS4 access.
The Town Engineer may, in an emergency, 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 Town Engineer may take such lawful steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
Notice of violation.
Whenever the Town Engineer shall determine that a violation of this chapter or a failure to meet a requirement of this chapter has occurred, the Town Engineer may order compliance by written notice of violation to the responsible party and to the owner of the property on which such violation has taken place. Such notice shall explain the nature of the violation and steps required for compliance. Such notice may require, without limitation:
Elimination of illicit connections or discharges;
That such discharges, practice and/or operations in violation of this chapter shall cease and desist;
Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Performance of monitoring, analysis and reporting;
The implementation of source control or treatment BMPs.
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 comply within the established deadline, the Town Engineer may take legal action to seek enforcement.
Upon issuance of a citation, every twenty-four-hour period thereafter in which the violation is not corrected shall constitute a new violation and a new fine in the amount of the initial citation.
The person to whom the citation has been issued shall be responsible for reporting to the Town Engineer compliance with the citation. The Town Engineer shall not be required to make daily inspections. Upon notice of compliance, the Town Engineer shall inspect for compliance within 48 hours of notification.
Any person receiving a notice of violation or citation may appeal the determination of the Town Engineer. The notice of appeal must be received by the Law Department within 10 days from the date of the notice of violation. Hearing on the appeal shall be before a hearing officer within 15 days from the date of receipt of the notice of appeal.
The hearing officer shall be appointed by the Mayor in accordance with C.G.S. § 7-152c, and the hearing shall be conducted in accordance with § 7-152c.
The remedies described in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law, and the Town may seek additional cumulative remedies, including but not limited to injunctive relief.
Any condition caused or permitted to exist in violation of this chapter is a threat to public health, safety and welfare and is declared and deemed a public nuisance.