[HISTORY: Adopted by the Board of Selectmen
of the Town of Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-13-2018]
A.
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Orange (the "Town")
through the regulation of non-stormwater 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 stormwater discharges by any user.
(2)
To prohibit and eliminate illicit connections and discharges to the
municipal separate storm sewer system.
(3)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter.
This chapter shall apply to all water entering the storm drainage
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
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, practices (and prohibitions of practices),
structures, vegetation, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants to waters
of the state consistent with state, federal or other equivalent and
technically supported guidance. BMPs also include treatment requirements,
operating procedures, and practices to control site runoff, spillage
or leaks, sludge or waste disposal, or drainage from material storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Any activity associated with construction at a site, including,
but not limited to, clearing and grubbing, grading, excavation, 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 non-stormwater discharge to the storm drain system, except as exempted in § 384-7 of this chapter.
An illicit connection is defined as 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 non-stormwater
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.
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26 (b)(14).
A permit issued by EPA [or by a state under authority delegated
pursuant to 3 3 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; non-hazardous 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.
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.
Waters consisting of rainfall runoff, including snow or ice
melt, during a rain event.
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.
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, and streams.
The Town Engineer 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
Town Engineer 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:
(a)
Uncontaminated ground water discharges, including, but not limited
to, pumped ground water, foundation drains, water from crawl space
pumps and footing drains;
(b)
Irrigation water, including, but not limited to, landscape irrigation
and lawn watering runoff;
(c)
Residual street wash water associated with sweeping;
(d)
Discharges or flows from firefighting activities (except training);
and
(e)
Naturally occurring discharges such as rising ground waters,
uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)],
springs, diverted stream flows and flows from riparian habitats and
wetlands.
(2)
Any non-stormwater discharge to the MS4 authorized by a permit issued
pursuant to Section 22a-430 or 22a-430b of the Connecticut General
Statutes is also authorized under this chapter.
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
Town Engineer 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 discharge.
(1)
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.
(2)
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 Zoning Enforcement Officer prior to the
allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity.
B.
Access to facilities.
(1)
The Town Engineer 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 Town Engineer 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 Town Engineer 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 Town Engineer 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 Zoning Enforcement
Officer and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the Town Engineer 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 a 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 Town Engineer has been refused access to any part of the premises
from which stormwater is discharged, and he/she 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.
The Town Engineer 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 commercial or industrial 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. 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 Town Engineer 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 Town Engineer 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; 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. 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.
(3)
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, in addition to any fines imposed in Subsections B or C of this section.
B.
Procedure for issuance of citations.
(1)
The Town Engineer shall issue a written notice to any person who
violates any provision of this chapter. 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 Town Engineer, setting forth a reasonable time period for correction
of the violation as agreed upon by the Town Engineer. A written notice
issued pursuant to this subsection shall be served:
(2)
Three business days shall be allowed for mail delivery of the notice
prior to the commencement of the seventy-two-hour period.
(3)
Within two business days after the period for correction established in Subsection B(1) expires, the Town Engineer shall reinspect the subject property to determine compliance.
(4)
If the violations set forth in the written notice have not been corrected
at the time of reinspection, the Town Engineer may issue a citation
and fine of up to $100 for each violation, 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,
delivery to the business address or the address of the statutory agent
of said entity. 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:
C.
Compliance periods after citation.
(1)
Any violation for which a citation is issued and which is not corrected within the time period specified in Subsection B of this section shall be a new violation of this chapter, and every twenty-four-hour period thereafter in which the violation is not corrected shall constitute a new violation. The citation shall include a notice to the alleged violator that each twenty-four-hour period of noncompliance after the time period specified in § 384-14B shall constitute a new violation and a new fine of up to $100.
(2)
The Town Engineer 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
Town Engineer. The Town Engineer shall reinspect to confirm compliance
with one business day of receipt of such report.
D.
Payment of fines.
(1)
All fines imposed under this chapter which are uncontested shall
be made payable to the Town of Orange and shall be received by the
Town Engineer within 10 calendar days from date of notice of the citation.
All fines collected by the Town Engineer shall be deposited into the
Town of Orange General Fund.
A.
If the Town Engineer issues a notice of violation, the Town Engineer
shall send written notice of action and a statement of the right to
an appeal to the facility operator or facility owner.
B.
The facility operator or facility owner may appeal a notice of violation
to the Town Engineer by setting forth in writing the reasons for the
appeal within 15 calendar days after date of the notice of violation.
C.
The facility operator or facility owner may appeal the decision of
the Town Engineer to the hearing officer as follows:
(1)
The facility operator or facility owner may file a written request
for a review by paying an appeal fee of $25 and setting forth the
reasons for the appeal within 20 calendar days after the date of notification
of the decision from the Town Engineer.
(2)
The hearing officer shall conduct a hearing within 30 calendar days
of the receipt of the request. 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.
(3)
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 Town Engineer.
D.
Filing of a request for appeal shall stay the action by the Town
Engineer. If a request for appeal is not made within the twenty-calendar-day
period, the action of the Town Engineer is final.
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 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 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. The Town Engineer 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
agency to seek cumulative remedies.
The enactment of this chapter shall not operate as an abatement
of any action or proceeding previously taken, now pending, or taken
prior to the effective date of this chapter. All said actions and
proceedings are hereby ratified to be continued.
The Legislature of the State of Connecticut has in Title 7, Chapter 98, Section 7-148(c)(7) of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
