[HISTORY: Adopted by the Board of Selectmen of the Town of
Guilford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-7-2019]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Guilford, as authorized
by C.G.S. § 7-148(c)(6)(B);(c)(7)(H); and (c)(8)(A), 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. The objectives of this
chapter are:
A.Â
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user;
B.Â
To prohibit and eliminate illicit connections and illegal discharges
to the municipal separate storm sewer system; and
C.Â
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 drain
system generated on any developed and undeveloped lands located within
the Town of Guilford, unless explicitly exempted by an authorized
enforcement agency or as otherwise may be exempted by state or federal
law.
As used in this chapter, the following terms shall have the
meaning set forth below, except as otherwise required by state or
federal law.
The Town Engineer or his/her designee, who shall be a Town
employee.
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 nonstormwater discharge to the storm drain system, except as exempted in § 239-7 of this Chapter.
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 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.
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 33 USC § 1342(b)) that authorizes the discharge
of pollutants to "waters of the United States," as defined under 40
CFR 230.3(s), 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.
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.
The authorized enforcement agency shall administer, implement,
and enforce the provisions of this chapter.
The provisions of this chapter are hereby declared to be severable.
If any provision of this chapter shall be found with finality by a
court of competent jurisdiction to be prohibited by the Connecticut
General Statutes or is held to be unconstitutional, the provisions
of such statutes or constitution shall prevail and such court order
or judgement shall not affect, impair or invalidate the remainder
of the chapter.
Nothing in this chapter shall limit the power and authority
of local, state or federal authorities to enforce their respective
laws and regulations. In any case where a provision of this chapter
is found to be in conflict with a provision of local, state or federal
laws or regulations, if such provision of this chapter establishes
a higher standard for the promotion and protection of the health and
safety of the public, such provision shall be enforceable pursuant
to the procedures established herein, to the extent permitted by state
and federal law.
A.Â
Illegal discharges. No person shall discharge or cause to be discharged
into the Town of Guilford municipal storm drain 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 MS4 is prohibited except as described
as follows:
(1)Â
The following discharges are exempt from discharge prohibitions established
by this chapter: uncontaminated groundwater discharges, including,
but not limited to, pumped groundwater; foundation drains; water from
crawl space pumps and footing drains; irrigation water including,
but not limited, to, landscape irrigation and lawn watering runoff;
residual street wash water associated with sweeping; discharges or
flows from firefighting activities (except training); and naturally
occurring discharges such as rising groundwaters, uncontaminated groundwater
infiltration [as defined at 40 CFR 35.2005(20)], springs, diverted
stream flows and flows from riparian habitats and wetlands.
(2)Â
Any nonstormwater discharge to the MS4 authorized by a permit issued
pursuant to C.G.S. § 22a-430 or § 22a-430b is
authorized under this chapter.
B.Â
Illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the Town of Guilford municipal storm drain system is
prohibited, except as otherwise permitted by state or federal law.
(2)Â
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the Town of Guilford MS4,
or allows such a connection to continue.
A.Â
Suspension, without notice, due to illegal discharges in emergency
situations. The authorized enforcement agency may, without prior notice
or hearing, suspend Town of Guilford MS4 access by issuance of an
emergency suspension order to a person when such suspension is necessary
to stop an illegal discharge which presents an 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," as defined under 40
CFR 230.3(s). If the violator fails to comply with an emergency suspension
order, 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.Â
Suspension due to illegal discharges in nonemergency situations. Any person discharging to the MS4 in violation of this chapter may have their MS4 access suspended if such suspension would abate or reduce an illegal discharge. In the event of such violation, the authorized enforcement agency shall follow the citation and hearing process set forth in §§ 239-13 and 239-14 of this chapter.
A.Â
NPDES permits.
(1)Â
Any person located in the Town of Guilford subject to an industrial
activity or construction activity NPDES stormwater discharge permit
shall comply with all provisions of the NPDES stormwater discharge
permit and this chapter prior to discharging into the MS4.
B.Â
Access to and monitoring of facilities with industrial activity or
construction activity discharges.
(1)Â
Operators of facilities located in the Town of Guilford with industrial
activity or construction activity shall allow the authorized enforcement
agency or its designee reasonable access to all parts of the premises
for the purposes of inspection, sampling, examination and copying
of records that are required under the conditions of an NPDES permit
to discharge into the MS4, and the performance of any additional duties
required by state or federal law with respect to such discharges into
the MS4. Such access shall be as often as may be reasonably necessary
to determine compliance with this chapter. Except in an emergency,
prior written notice of intent to access shall be provided to such
operators.
(2)Â
The authorized enforcement agency or its designee shall have the
right to install on any such permitted facility such devices as are
reasonably necessary to conduct monitoring and/or sampling of the
facility's stormwater discharge into the MS4, as are reasonably
necessary to ensure compliance with state and federal law. The installation
of which shall be at operator's sole expense.
(3)Â
In the alternative, the authorized enforcement agency has the right
to require the operator to install monitoring and sampling equipment
as reasonably necessary to ensure compliance with state and federal
law. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by
the operator at its sole expense. All devices used to measure stormwater
flow and quality shall be calibrated to ensure accuracy.
(4)Â
Any temporary or permanent obstruction to safe and effective access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator, at its sole expense, at the prior written request
of the authorized enforcement agency.
The authorized enforcement agency shall adopt requirements identifying
BMP for any activity, operation, or facility located in the Town of
Guilford 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 facility
shall provide, at its own expense, reasonable protection from accidental
discharge of illegal discharges into the MS4 or watercourses through
the use of these structural and nonstructural BMPs. These BMPs shall
be part of a stormwater pollution prevention plan as necessary for
compliance with requirements of the NPDES permit.
Any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, who 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 waters of the United States,
said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release, to the extent required by
state and federal law.
The Town Engineer or his/her designee, who shall be a Town employee,
is hereby designated the enforcement officer. The enforcement officer
may pursue penalties against any person who commits a violation of
this chapter.
A.Â
Citations. Any violation of this Chapter 239 is subject to a municipal citation not to exceed $250, which shall be imposed by the enforcement officer for each violation of this chapter as provided under C.G.S. § 7-148(c)(10); provided, however, that the violator has been issued a written warning for said violation by the enforcement officer. Each day of violation shall be considered a separate offense and subject to separate citations. The provisions of this section are in addition to and do not supersede any penalties resulting from simultaneous violations of state or federal laws, to the extent permitted by law.
B.Â
Suspension of access to MS4. Repeated violations of the provisions of this chapter may, after due notice in writing by the enforcement officer, result in suspension of access to MS4, subject to the hearing process set forth in § 239-14.
C.Â
Cease and desist order. The Town may issue a cease and desist order
and seek whatever additional remedies to which it may be entitled,
at law and in equity, to the extent permitted by state and federal
laws.
Any person issued a municipal citation pursuant to § 239-13 shall be entitled to a hearing to contest the citation. Any person given notice that its access to MS4 will be suspended may appeal the notice of suspension within the time limit and on the form prescribed for appeals of citations. Except in an emergency, no permit will be suspended pending the outcome of the appeal process set forth below. The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of a citation hearing process to contest citations issued pursuant to this chapter. The procedures for notice, hearing, disposition, appeal and enforcement shall be as set forth in C.G.S. § 7-152c. The citation hearing process shall not apply to those violations which are otherwise governed by state or federal law.
If a violation is not abated within the time period and pursuant to the requirements set forth in the citation, or in the event of an appeal, within the same time period permitted in the original citation calculated from the date the citation is upheld on appeal, then the enforcement officer shall have the right to enter the premises in order to take measures reasonable necessary to abate the violation. The cost of such abatement shall be payable by the owner or operator of the premises. If the costs are unpaid after 30 days of the Town's demand for payment, the owner's or operator's obligation to pay may be enforced in the same manner as the penalties imposed by way of citation under § 239-14 above.
If a person has violated or continues to violate the provisions
of this chapter, the authorized enforcement agency may, in addition
to the Town's rights at law or in equity, 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, to the extent permitted
by law or in equity.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law.
