[HISTORY: Adopted by the Town Council of the Town of Plainville 6-17-2019. Amendments
noted where applicable.]
A.
This chapter is adopted to provide for the health, safety and general
welfare of the citizens of Plainville, Connecticut through the regulation
of nonstormwater discharges to the Town's storm drainage system
to the maximum extent practical as required by Federal and State law.
B.
This chapter establishes methods for controlling the introduction
of pollutants into the Town's drainage system in order to comply
with the requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process.
C.
The objectives of this chapter are:
(1)
To regulate the contributions of pollutants to the Town's drainage
system by stormwater discharges by any user;
(2)
To prohibit illicit connections and discharges to the Town's
municipal separated drainage system;
(3)
Prevent nonstormwater discharges generated as a result of spills,
inappropriate dumping or disposal from entering the Town's municipal
separated drainage system; and
(4)
To establish legal authority to carry out all inspections, surveillance
and monitoring procedures necessary to ensure compliance with the
requirements of the National Pollutant Discharge Elimination System
and this chapter.
The terms listed below shall have the defined meaning within
this chapter:
Any discharge which occurs by chance and without planning
or thought prior to the occurrence.
Employees or designated agents of the Town assigned to enforce
this chapter.
A schedule of activities, prohibition of practices, general
good housekeeping practices, 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 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.
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 project resulting in land disturbance of
five acres or more. Beginning in March 2003, NPDES Stormwater Phase
II permits will be required for 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 material, including any substance, waste, or combination
thereof, which because of 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 § 245-8 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, including
but not limited to any conveyances which allow any nonstormwater discharge,
including sewage, process wastewater, and wash water to enter the
storm drainage system and any connections to the storm drain from
indoor drains and sinks regardless of whether said drain or connection
had been previously allowed, permitted or approved by an 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 approve by the Town.
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26(b) (14).
A permit issued by EPA (or by the State of Connecticut under
the authority delegated pursuant to 33 USC § 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 Town's stormwater 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 liquids 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 waste; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
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 waste other than uncontaminated
stormwater discharged from a water pollution control facility.
This chapter shall apply to all water entering the Town's
storm drainage system generated on any developed and undeveloped lands
unless explicitly exempted by an authorized enforcement agency.
The Town Manager or his/her designated agent shall administer,
implement and enforce the provisions of this chapter. Any powers granted,
or duties imposed upon the Town may be delegated in writing by the
Town Manager to persons or entities acting in the beneficial interest
of or in the employment of the Town.
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 circumstance
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 defined as the minimum standards; therefore, this chapter
is not intended nor imply that compliance by any person will ensure
that there will be no contamination, pollution nor unauthorized discharge
of pollutants.
The Town has developed a permit system to regulate the issuance
of authorization to connect to the Town's drainage system. A
prospective permittee shall submit to the Department of Technical
Service a written request to connect to the drainage system. Such
request shall include the following items if deemed appropriate: a
description of the type and volume of the discharge, the source of
the discharge, a sketch showing the proposed drainage connection and
any other related construction include pertinent details, calculations
the existing drainage system has adequate capacity to accommodate
the discharge, certification and or evidence the discharge is not
contaminated and any other documents, sketches or test results deemed
pertinent by the Town Engineer.
A.
No person shall discharge or cause to be discharge into the Town's
storm drain system or watercourses any materials, including but not
limited to pollutants or water containing any pollutants that cause,
may cause or contribute to a violation of applicable water quality
standards other than stormwater. Additionally, no person shall throw,
drain or otherwise discharge, cause or allows other under its control
to throw, drain or otherwise discharge into municipal drainage system
any pollutants or waters containing any pollutants other than stormwater.
B.
The commencement or continuation of any illicit discharge to the
Town's stormwater drainage system is prohibited except for those
described below:
(1)
Exempt illicit discharges are as listed: water line 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, however it requires the tester
to notify the authorized enforcement agency no less than 24 hours
in advance of such activities.
(4)
No prohibition shall 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 the 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 Town's storm drain
system.
C.
Connection to the Town's drainage system without first securing
a permit and approval shall be prohibited. The construction use maintenance
or continued existence of unpermitted connections to the Town's
stormwater system is prohibited. This prohibition expressly includes
without limitations any unpermitted connections made in the past which
discharge illicit materials regardless of whether the type of discharge
was permissible under law or practices applicable or prevailing at
the time of connection. Additionally, a person is considered to be
in violation of this chapter if the person connects a pipe conveying
sewage to the Town's drainage system or allows such a connection
to continue.
A.
All vehicle washing should be performed in a manner which prevents
the direct discharge of soap washwater to a stream, river, wetland
or other surface waterbody. Washwaters should not be directed toward
a stormwater catch basin because the vast majority of these structures
discharge directly into a surface waterbody without any treatment.
Vehicle washing should be performed in an area large enough to contain
all the washwater and allowed to seep into the grass, gravel and/or
soil.
B.
Disposal of residential swimming pool and/or hot tub wastewater shall
be done only when the concentration level of the disinfectant agent
has achieved a nondetectable level. At that point the wastewater should
be directed to an area where it can seep into the ground.
A.
When any person responsible for a facility, activity or operation
or responsible for emergency response at a facility, activity, or
operation has information of any known or suspected release of pollutants
or nonstormwater discharge from that facility or operation which are
resulting or may result in illicit discharges or pollutants into stormwater,
the municipal drainage system, state waters, or waters of the United
States, said person shall take all necessary steps to ensure the discovery,
containment and clean-up of such release so as to minimize the effects
of the discharge. Should the release be of hazardous materials, emergency
response agencies and/or appropriate agencies shall be notified immediately.
B.
Said person shall notify the Town of Plainville no less than 24 hours
after the event of the nature, quantity and time of the occurrence
of the discharge. Notification in person, phone, fax, email shall
be confirmed by written notice addressed and mailed to the Town Manager
within three business days of the discharge event. In the event the
discharge of prohibited material emanates from a commercial or industrial
establishment, the owner/operator of the establishment shall retain
an on-site written record of the discharge and actions taken to prevent
its recurrence. Such records shall be retained for at least three
year from the date of the completion of the corrective action.
C.
Failure to provide notification of a release as outlined above shall
be a violation of the chapter.
A.
The Town Manager or his/her designated agent may without prior notice
temporarily suspend a permittee's access to discharge into the
Town's drainage system when such suspension is necessary to stop
an actual or threatened discharge which presents or may present imminent
and or substantial danger to the environment, or health or welfare
of persons, or to waters of the United States. If the permittee fails
to comply with the suspension order issued, the authorized enforcement
agency may take such steps as deemed necessary to prevent or minimize
the risks or dangers to the water of the United States or any impacted
individual.
B.
Any person discharging to the Town's drainage system in violation
of this chapter may have their access suspended or terminated if such
action would abate or minimize an illicit discharge. The authorized
enforcement agency shall notify the permittee of the violation and
subsequent enforcement action. The permittee shall be ordered to disconnect
such connection to the Town's drainage system until the abatement
is completed and notified by the authorized enforcement agency that
reconnection can proceed. The permittee may petition the authorized
enforcement agency for a reconsideration and hearing. Any suspended
or terminated connection reconnected prior to the approval of authorized
enforcement agency shall be subject to further enforcement actions.
The Town reserves the right to disconnect any connection which was
connected without 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 Town of Plainville (the authorized agency),
the authorized enforcement agency prior to allowing of discharges
to the Town's drainage system.
A.
The Town of Plainville 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.
B.
Facility operators shall allow the Town of Plainville (the authorized
agency) 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.
C.
The Town of Plainville 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.
D.
The Town of Plainville 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 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.
E.
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 Town of Plainville,
authorized enforcement agency, and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
F.
Unreasonable delays in allowing the Town of Plainville access to
a permitted facility are a violation of the stormwater discharge permit
and this chapter. A person or operator of a facility with a NPDES
permit to discharge stormwater associated with an 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.
G.
If the Town of Plainville, 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 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 of Plainville 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 material 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 drainage system. Compliance with all terms and conditions
of a valid NPDES permit authoring the discharge of stormwater associated
with industrial activity, to the extent practical, 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 or leasing a property containing
a water resource shall keep and maintain that part of the water resource
within the property free of trash, debris and other substances that
may or would pollute, contaminate or significantly degrade the water
resource. Additionally, the owner/lessee shall maintain in proper
working condition any existing privately owned structures within or
adjacent to the water resource such that the structure operates as
intended and will not be a hazard to the use, function or physical
integrity of the watercourse.
As soon as any person responsible for a facility or operation,
or responsible for the emergency response of a facility or operation
has information of any known or suspected release of materials which
may result in an illegal discharge or pollutants discharging into
stormwater, storm drain or waters of the U.S. said person shall take
the necessary steps to ensure the discovery, containment, and clean-up
of such release. If such release is of a hazardous material(s) said
person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. Should the release be
of nonhazardous materials, said person shall notify the Town of Plainville's
authorized enforcement agent in person or by telephone email and or
facsimile no later than the next business day. Notifications in person
or by phone shall be confirmed by a written notice addressed and mailed
to the Town within three business days of the phone notice. If the
discharge of the prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall retain an on-site record of the incident including actions taken
to prevent future occurrences on site for a period of at least three
years after the event.
A.
If and when the Town Manager or his/her designated agent discovers
a violation of this chapter, the Town of Plainville shall issue a
written notice of violation. The notice of violation shall contain
the following information: The name and address of the legal owner
of the property, the name and address of the violator if different
from the owner, the legal street address where the violation is occurring,
a description of the violation, notification the owner/violator has
the responsibility to remedy the violation within a specified time,
a statement the violating practices or operation shall cease and desist
immediately, additional conditions related to remedying the violation,
such as but not limited to preparing a written remediation plan, providing
future performance monitoring, elimination of illegal connection(s)
and discharge(s), remediation/restoration of impacted/degraded resources,
potential financial impacts resulting from the violations, a statement
of potential actions/penalties should the violator fail to remedy
the violation within the specified time, and a statement that the
violation may be appealed to the Plainville Town Council or its designee
by filing written notice within 10 calendar days from the date of
the written notice of violation.
B.
Any person receiving a notice of violation may appeal the determination
and or requirements of the notice of violation to the Plainville Town
Council or its designee. This notice of appeal must be received by
the Plainville Town Council or its designee within 10 calendar days
of the date of the notice of violation. A hearing on the appeal before
the Plainville Town Council or its designee shall be scheduled and
be initiated within 30 calendar days of receipt of the notice of appeal.
At the hearing the alleged violator or his/her designee will be afforded
the opportunity to present evidence and defend their assertions that
the notice of violation is flawed. Upon consideration of the alleged
violator evidence the Plainville Town Council will render a final
decision. Such decision may be to affirm the notice of violation as
delivered, modify the notice of violation based on the evidence presented
at the hearing or rescind the notice of violation in its entirety.
C.
If the violation has not been addressed pursuant to the requirements
set forth in the notice of violation or in the event of an appeal
within the specified set period from the date of the decision rendered
by the Plainville Town Council, the Town may enter upon the subject
private property and may take measures necessary to abate the violation.
If the Town of Plainville or its designated agents are refused access
to any part of the premise from which access is needed to abate the
violation, the Town of Plainville may seek issuance of a court order
from any court of competent jurisidiction.
D.
Within 45 calendar days after abatement of the violations, the owner
of the property will be notified by the Town of Plainville's
authorized enforcement agent of a costs incurred to the Town as related
to the abatement actions including any administrative costs. The property
owner may file a written protest to the Town Manager objecting to
the assessment or to the amount of the assessment with 30 calendar
days of the date of the notification. A hearing on the abatement assessment
appeal before the Town Council or its designee shall take place within
60 calendar days from the date of receipt of the notice of appeal.
At this hearing the violator shall have the opportunity to present
facts and testimony of why in their opinion the assessment is unfair.
A decision by the Town Council or its designee whether to uphold the
assessment or modify it shall be made within 30 calendar days. The
decision shall be final.
E.
If the amount due and payable is not paid or other arrangement negotiated
within a period of 30 calendar days of the date of the assessment
or the final decision resulting for an appeal, the charges shall become
a special assessment against the property and shall constitute a lien
on the property. Such lien shall be subject to all applicable interest,
attorney fees, court costs, sampling, follow-up screening and other
related expenses as allowable by law.
F.
In addition to the enforcement process, 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 civil action to abate, enjoin or otherwise
compel the cessation of such nuisance may be taken.
In lieu of enforcement proceedings, penalties and remedies authorized
by this chapter, the Town of Plainville's authorized enforcement
agent may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
sponsored clean-ups or any other applicable educational or proactive
remediation. Remedies listed within this chapter are not exclusive
which are deemed appropriate for a specific circumstance under applicable
federal, state and local law.
A.
It shall be unlawful for any person to violate any provision of this
chapter. Should a person violate or continue to violate, ignoring
the notice of violation, the Town of Plainville's authorized
enforcement agent may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform the abatement or remediate
the violation.
B.
The Town of Plainville's authorized enforcement agent may impose
a civil penalty not to exceed $100 for each day the violation remains
unremedied beyond the period described in the notice of violation.
For intentional and flagrant violation of this chapter, the Town of
Plainville may refer the violation to the United States Environmental
Protection Agency, (EPA), for enforcement of penalties under Sections
309 and 311 of Clean Water Act.
C.
Any person that has violated or continues to violate this chapter
shall be liable to criminal prosecution to the fullest extent of the
law.
