[HISTORY: Adopted by the Town Council of
the Town of East Greenwich 8-13-1991 by Ord. No. 567 (Secs. 9-61 to 9-99 of
the 1993 Code). Amendments noted where applicable.]
STATE LAW REFERENCES
Fresh Water Wetlands Act — See
R.I.G.L. § 2-1-18 et seq.
Soil erosion and sediment control — See
R.I.G.L. § 45-46-1 et seq.
Department of Environmental Management — See
R.I.G.L. § 42-17.1-1 et seq.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Any person, corporation or public or private organization
proposing or engaged in a development which would involve disturbance
of natural terrain. "Applicant" shall also mean an authorized agent
acting on the applicant's behalf.
Coastal beaches and dunes, barrier beaches, coastal wetlands,
coastal cliffs, bluffs and banks, rocky shores, and man-made shorelines,
as defined in the State Coastal Resources Management Program, as amended.
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
and the material removed in excavation.
Any construction, reconstruction, demolition or removal of
structures, roadways, parking or other paved areas, utilities or other
similar facilities, including any action requiring a building permit
by the Town with the exception of signage and fencing, unless otherwise
required by the Building Official and/or his designee.
The removal of mineral and/or organic matter by the action
of wind, water and/or gravity.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
Any act in which earth, sand or other material is placed
or moved to a new location aboveground. The fill is also the difference
in elevation between a point of existing undisturbed ground and a
designated point of higher elevation of the final grade.
A rectangular or cylindrical wire mesh cage (wire basket)
filled with rock and used as a protecting agent, revetment, etc.,
against erosion.
Any physical land development activity which includes such
actions as clearance of vegetation, moving or filling of land, removal
or excavation of soil or mineral resources, or similar activities.
Any site, property, building, structure intended for use
by more than one family, including but not limited to apartments,
condominiums, duplexes and townhouses.
The fee charged to the applicant or owner for repeated inspections
necessitated by any oversight in the compliance with the approved
soil erosion sediment control plan. The Building Official or his designee
has the right to waive this fee.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow, including seepage flows, that
do not enter the soil but run off the surface of the land; also, that
portion of water that is not absorbed by the soil, but runs off the
land surface.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
wind, water and/or gravity as a product of erosion.
A forestry operation or timber production that is approved
by the State Department of Environmental Management.
Plans for commerce, industry, parking lots, pipelines, utilities,
roads, public facilities, land grading, quarrying, mining, landfills
and/or demolitions.
The approved document which is required before any person
may cause a disturbance to the natural terrain within the town as
regulated by this article. The document may also be referred to as
"SWPPP."
[Amended 11-6-2006 by Ord. No. 781]
Any tidewater or coastal wetland at its mean high-water level
and any freshwater wetland at its seasonal high-water level, including
but not limited to any river, stream, brook, pond, lake, swamp, marsh,
bog, fen, wet meadow, or any other standing or flowing body of water.
The edge of the watercourse, as defined under the provisions of this
chapter, shall be used for delineation purposes.
A.
The Town Council finds that excessive quantities of
soil are eroding from certain areas of the Town which are undergoing
development for certain nonagricultural uses, such as housing developments,
industrial areas, recreational facilities, commercial facilities,
and roads.
B.
Soil erosion occurring in areas undergoing nonagricultural
development makes costly repairs necessary to gullies, washed-out
fills, roads and embankments. The resulting sediment clogs storm sewers
and road ditches and deposits silt into ponds, rivers, streams and
brooks.
C.
Silt resulting from erosion threatens the water supply,
as well as the recreational, aesthetic and wildlife habitat values
associated with these waters.
D.
Other construction wastes, including construction
debris and chemicals, concrete truck washout, oil and grease, litter
and sanitary waste may cause adverse impacts to water quality when
discharged from a construction site.
[Added 11-6-2006 by Ord. No. 781]
[Amended 11-6-2006 by Ord. No. 781]
The purpose of this article is to control the
discharge of construction waste and to prevent soil erosion and sedimentation
from occurring as a result of nonagricultural development within the
Town by requiring the use of appropriate best management practices
(BMPs) to reduce or eliminate the pollutants in stormwater discharges
during and after construction so as to promote the safety, public
health and general welfare of the citizens of the Town.
A.
The Town Council shall grant the Building Official
and/or his designee the authority necessary to administer this chapter
under the provisions of R.I.G.L. § 45-46-1 et seq., Soil
Erosion and Sediment Control.
B.
Application for determination of applicability required.
It shall be unlawful for any person to disturb any existing vegetation,
grades and contours of land in a manner that may affect the quality
of stormwater discharges associated with the construction activity
without first applying for a determination of applicability from the
Building Official or his designee.
[Amended 11-6-2006 by Ord. No. 781]
A.
Generally. This chapter shall be applicable to any
situation involving any disturbance to the terrain, topsoil or vegetative
ground cover upon any property within the Town after a determination
of applicability by the Building Official or his designee based upon
criteria outlined in this chapter.
B.
Application for determination of applicability required.
It shall be unlawful for any person to disturb any existing vegetation,
grades and contours of land in a manner that may affect the quality
of stormwater discharges associated with the construction activity
without first applying for a determination of applicability from the
Building Official or his designee.
[Amended 11-6-2006 by Ord. No. 781]
C.
Contents of application for determination of applicability.
The application for determination of applicability shall describe
the location, nature, character and time schedule of the proposed
land-disturbing activity in sufficient detail so as to allow the Building
Official or his designee to determine the potential for soil erosion
and sedimentation resulting from the proposed development project.
D.
Criteria for determination of applicability.
(1)
In determining the applicability of this chapter to
a particular land-disturbing activity, the Building Official or his
designee shall consider site topography, drainage patterns, soils,
proximity to watercourses, and other such information as deemed appropriate
by the Building Official or his designee.
(2)
A particular land-disturbing activity shall not be
subject to the requirements of this chapter if the Building Official
or his designee finds that erosion resulting from the land-disturbing
activity is insignificant and represents no threat to adjacent properties
or to the quality of any coastal feature or watercourse.
(3)
The most current version of the Rhode Island Soil
Erosion and Sediment Control Handbook; the United States Department
of Agriculture Natural Resources Conservation Service; Rhode Island
Department of Environmental Management; and the Rhode Island State
Conservation Committee may be consulted in making this determination.
E.
Exemptions. No determination of applicability shall
be required for the following activities:
(1)
Construction, alteration or use of any additions to
existing single-family or duplex homes or related structures, provided
the grounds coverage of such addition is less than 1,000 square feet;
such construction, alteration and use does not occur within 100 feet
of any watercourse or coastal feature; and the slopes at the site
of land disturbance do not exceed 10%.
(2)
Use of a home garden in association with on-site residential
use.
(3)
Accepted agricultural management practices, such as
seasonal tilling and harvest activities associated with property utilized
for private and/or commercial agricultural or silvicultural purpose.
(4)
Excavations for improvements other than those described in Subsection E(1) of this section which exhibit all of the following characteristics:
(5)
Grading, as a maintenance measure or for landscaping
purposes on existing developed land parcels or lots, provided that
all bare surface is immediately seeded, sodded or otherwise protected
from erosion actions and all of the following conditions are met:
(a)
The aggregate areas of such activity do not
exceed 2,000 square feet.
(b)
The change of elevation does not exceed two
feet at any point.
(c)
The grading does not involve a quantity of fill
greater than 18 cubic yards except where excavated from another portion
of the same parcel, and the quantity does not exceed 50 cubic yards.
(6)
Grading, filling, removal or excavation activities and operations undertaken by the Town under the direction of the Director of Public Works for work on streets, roads or rights-of-way dedicated to public use; provided, however, that adequate and acceptable erosion and sediment controls and controls for other construction wastes are incorporated in engineering plans and specifications and are followed and employed. Appropriate controls shall apply during construction as well as after the completion of these activities. All such work shall be undertaken in accordance with the performance principles provided for in § 207-15 and such standards and definitions as may be adopted to implement such performance principles.
[Amended 11-6-2006 by Ord. No. 781]
F.
Effect of determination of applicability on need for
other permits. Compliance with the requirements as described in this
section shall not be construed to relieve the applicant of any obligation
to obtain necessary state or federal permits.
[Amended 11-6-2006 by Ord. No. 781]
Neither approval of a stormwater pollution prevention
plan (SWPPP) nor compliance with any condition of this article shall
relieve the applicant from any responsibility for damage to persons
or property, nor impose any liability upon the Town for damages to
persons or property.
A.
Required.
(1)
Before approving a SWPPP for any residential subdivision, commercial or industrial site, the Building Official or his designee shall require the applicant to file a performance surety in the form of a letter of credit with the Town. Before approving a SWPPP for any individual residential lot, a performance surety in the form of a letter of credit with the Town may be required by the Building Official or his designee based on the consideration of topography, drainage patterns, soils and proximity to watercourses as described in § 207-5D.
[Amended 11-6-2006 by Ord. No. 781]
(2)
When any land-disturbing activity is to take place
within 100 feet of any watercourse or coastal feature or within an
identified flood hazard district or on slopes in excess of 10%, the
filing of a performance surety shall be required.
(3)
The amount of the bond, as determined by the Director
of the Department of Public Works, shall be sufficient to cover the
cost of implementing all control measures shown on the approved plan.
[Amended 11-6-2006 by Ord. No. 781]
(4)
The performance surety filed by the applicant shall
be subject to the approval, with regards to the form, content, amount
and manner of execution of the Director of Public Works.
(5)
A performance surety for an approved SWPPP for a subdivision
may be included within the performance bond for that subdivision.
The posting of the surety as part of the subdivision performance bond
does not, however, relieve the applicant of any requirements of this
article.
[Amended 11-6-2006 by Ord. No. 781]
B.
Default.
(1)
Should the Building Official or his designee find
that a default has occurred in the performance of any terms and/or
conditions of the bond or in the implementation of measures secured
by the bond, written notice thereof shall be made to the applicant
and to the surety of the bond by the Town Solicitor.
(2)
The notice shall state the nature of the default,
work to be done, the estimated cost thereof, and the period of time
deemed by the Building Official or his designee to be necessary for
the completion of the work.
(3)
Failure of the applicant to acknowledge and comply
with the provisions and deadlines outlined in such notice of default
shall mean that the Town Solicitor shall take appropriate measures
to utilize the performance bond to cause the required work to be completed.
Work may be completed by the Town by contract or by other means, as
determined by the Town Council. Such measures may be taken without
further notice of proceedings whatsoever.
C.
Release.
(1)
The performance surety requirements shall remain in
full force and effect for a minimum of 12 months following completion
of the project per the requirements of the Building Official or his
designee.
(2)
The applicant may request the release of his performance
surety from the Building Official or his designee 12 months after
the final site inspection has been completed and approved.
(3)
In the instance where the performance surety has been
posted with the recording of a final subdivision, the performance
surety shall be released a minimum of 12 months after the Building
Official or his designee has been notified by the Director of Public
Works of successful completion of all plat improvements by the applicant.
A.
Expiration. Every approval granted pursuant to this
chapter shall expire at the end of the time period set forth in the
conditions. The developer shall fully perform and complete all of
the work required within the specified time period.
B.
Renewal. If the developer is unable to complete the
work within the designated time period, he shall, a minimum of 30
days prior to the expiration date, submit a written request for an
extension of time to the Building Official or his designee, setting
forth the reasons underlying the requested time extension. If the
extension is found to be warranted, the Building Official or his designee
may grant an extension of time up to a maximum of one year from the
date of the original deadline. Subsequent extensions under the same
conditions may be granted at the discretion of the Building Official
or his designee.
A.
Maintenance of all erosion sediment control devices
and other controls under this article shall be the responsibility
of the property owner of record. The erosion and sediment control
measures and controls for other wastes shall be maintained in good
condition and working order on a continuing basis.
[Amended 11-6-2006 by Ord. No. 781]
B.
Watercourses originating and located completely on
private property shall be the responsibility of the owner to their
point of open discharge at the property line or at a communal watercourse
within the property.
A.
Periodic inspections.
(1)
The provisions of this chapter shall be administered
and enforced by the Building Official or his designee.
(2)
All work shall be performed in accordance with an
inspection and construction control schedule approved by the Building
Official or his designee, who shall maintain a permanent file of all
his inspections.
(3)
The Building Official or his designee shall perform
an inspection of the site following the installation of control measures
prior to ground work and construction.
B.
Final inspection.
(1)
Upon completion of the work, the developer shall notify
the Building Official or his designee that all grading, drainage,
erosion and sediment control measures and devices, vegetation and
ground cover plantings, and controls for other wastes have been completed
in conformity with the approval; all attached plans, specifications
and conditions; and other applicable provisions of this article.
[Amended 11-6-2006 by Ord. No. 781]
(2)
Upon notification of completion by the owner, the
Building Official or his designee shall make a final inspection of
the site in question and shall prepare a final summary inspection
report of his findings, which shall be retained in the office of the
Building Official or his designee.
A.
If at any stage the work in progress and/or completed
work does not conform to the approved SWPPP, a written notice from
the Building Official or his designee to comply shall be transmitted
by certified mail to the applicant and the owner.
[Amended 11-6-2006 by Ord. No. 781]
A.
Revocation or suspension of approval. The approval
of a SWPPP may be revoked or suspended by the Building Official and
all work on the project halted by the Building Official for an indefinite
time period after written notification is transmitted by the Building
Official to the developer for one or more of the reasons noted in
this section.
[Amended 11-6-2006 by Ord. No. 781]
(1)
Violation of any condition of the approved plan or
specifications pertaining thereto.
(2)
Violation of any provision of this chapter or any
other applicable law, ordinance, article, rule or regulation related
to the work or site of work.
(3)
The existence of any condition or the performance
of any act constituting or creating a nuisance, hazard or endangerment
to human life or the property of others or contrary to the spirit
or intent of this chapter.
B.
Other penalties.
(1)
In addition thereto, whenever there is a failure to
comply with the provisions of this chapter, the Town shall have the
right to notify the applicant that he has five days from receipt of
notice to temporarily correct the violations and 30 days from receipt
of notice to permanently correct the violations.
(2)
Should the applicant fail to take the temporary corrective
measures within the five-day period and/or the permanent corrective
measures within the thirty-day period, the Town shall then have the
right to take whatever actions it deems necessary to correct the violations
and to impose a lien on the subject property in an amount equal to
the costs of remedial actions.
(3)
The lien shall be enforced in the manner provided
or authorized by law for the enforcement of common law liens on personal
property. The lien shall be recorded with the records of land evidence
of the Town, and the lien shall incur legal interest from the date
of recording. The imposition of any penalty shall not exempt the offender
from compliance with the provisions of this chapter, nor shall it
preclude any revocation of the performance bond on the property by
the Town.
[Amended 11-6-2006 by Ord. No. 781]
The stormwater pollution prevention plan (SWPPP)
shall be prepared by a registered engineer, registered landscape architect,
or erosion and sediment control specialist certified by the Soil and
Water Conservation Society. Seven copies of the plan shall be submitted
to the Building Official or his designee. SWPPPs requiring the practice
of engineering shall be stamped and signed by a registered professional
engineer.
A.
The SWPPP shall include sufficient information about
the proposed activities and land parcels to form a clear basis for
discussion and review and to ensure compliance with all applicable
requirements of this article.
[Amended 11-6-2006 by Ord. No. 781]
B.
The plan shall be consistent with the data collection,
data analysis, and plan preparation guidelines in the current Rhode
Island Soil Erosion and Sediment Control Handbook, prepared by the
United States Department of Agriculture, Natural Resources Conservation
Service; Rhode Island Department of Environment Management; and Rhode
Island State Conservation Committee, as may be amended.
C.
Withholding or delay of this information in whole or in part may be reason for the Building Official or his designee to judge the application as deficient and shall serve as grounds for disapproval. See also § 207-19A.
D.
If the application is deemed to be incomplete by the
Building Official or his designee, he shall send a letter of deficiency
to the applicant within seven days from the date of submission, citing
those sections of the application which are incomplete.
E.
The required plan contents shall at a minimum contain
the following:
[Amended 11-6-2006 by Ord. No. 781]
(1)
Narrative. The narrative should include the following:
a description of the proposed land-disturbing activity, estimates
of the total area of the site, estimates of the total area of the
site expected to be disturbed, and any proposed sequencing of the
project; a description of soil erosion and sediment control measures,
stormwater management measures, and measures to other wastes to be
installed; and a description of any potential sources of pollution
that may be expected to affect the quality of stormwater discharges
from the site.
(2)
Supporting documentation. Supporting documentation,
such as complete maps including scale and depicting the drainage areas;
the existing site; the floodplain, if applicable; and the soils, shall
be provided as required by the Building Official or his designee.
(3)
Construction drawings. Construction drawings illustrating
in detail existing and proposed contours, drainage features, limits
of vegetation, limits of clearing and grading, the location of soil
erosion and sediment control, stormwater management measures and controls
for other wastes; detail drawings of the controls and measures; the
location of stockpiles and borrow areas; the sequence and staging
of land-disturbing activities; and other such information needed for
construction as required by the Building Official or his designee.
(4)
Erosion and sediment controls. A description, including
construction details appropriate to the site, for both vegetative
and structural practices. Vegetative BMPs are designed to preserve
existing vegetation where attainable and revegetate open areas as
soon as practicable after grading or construction. Structural BMPs
divert flows from exposed soils, filter runoff, store flows or otherwise
limit runoff from coming into contact with exposed, unvegetated areas
of the site and to prevent sediments and/or other pollutants from
leaving the site.
(5)
Post-construction stormwater management. A description of measures that will be installed during the construction project to control pollutants in stormwater discharges that will occur at the site after the construction operations have been completed. These measures shall be consistent with the requirements of the Stormwater Management Ordinance. Maintenance activities for these measures shall be described in accordance with Subsection E(6) below.
(6)
Other controls.
(a)
Waste disposal. A description of the other controls,
including construction details appropriate for the site, to eliminate
the discharge of other construction wastes found on the construction
site. All types of waste generated at the site shall be disposed of
in a manner consistent with state law and/or regulations.
(b)
Good housekeeping. Good housekeeping measures
to provide for the minimization of exposure of construction debris
to precipitation and for the proper disposal of such debris shall
be specified.
(c)
Spill prevention. Areas where potential spills
can occur shall be identified. The potential for spills to enter the
stormwater drainage system shall be eliminated wherever feasible.
(7)
Maintenance. A description of procedures to maintain,
in good and effective operating condition, vegetation, stormwater
control measures, and other protective measures identified in the
site plan.
(8)
Other information. Other information or construction
plans and details as deemed necessary by the Building Official or
his designee for thorough review of the plan prior to action being
taken as prescribed in this article.
A.
The contents of the SWPPP shall clearly demonstrate
how the principles set forth in this article have been met in the
design and how they are to be accomplished by the proposed development.
[Amended 11-6-2006 by Ord. No. 781]
B.
All proposed work shall reflect the site's natural
drainage characteristics and topography.
C.
The disturbance of existing slopes greater than 33%
shall be avoided.
D.
The grade of slopes proposed shall be minimized.
E.
Post-development runoff rates shall not exceed predevelopment
runoff rates for a twenty-five-year frequency storm and shall be consistent
with other stormwater requirements which may be in effect. The Director
of Public Works shall have the right to require other frequency storm
(fifty-year, seventy-five-year and/or one-hundred-year) rates controlled
as deemed necessary by the Director of Public Works. Any increase
in storm runoff shall be retained and recharged close to its place
of origin by means of detention ponds or basins, seepage areas, subsurface
drains or similar techniques.
[Amended 11-6-2006 by Ord. No. 781]
F.
Original boundaries, alignment and slope of watercourses
within the project locus shall be preserved to the greatest extent
feasible and shall at a minimum comply with the requirements and determination
of the Rhode Island Department of Environmental Management (R.I.G.L.
§ 42-17.1-1 et seq.).
G.
Drainage shall be directed away from structures intended
for human occupancy or utility use or similar structures or structures
for municipal use which are not designed to handle increased runoff.
H.
All drainage provisions shall be of such a design
and capacity so as to adequately handle stormwater runoff, including
runoff from tributary upstream areas which may be outside the locus
of the project.
I.
Drainage facilities shall be installed as early as
feasible during construction and prior to site clearance where possible
to the satisfaction of the Building Official or his designee.
J.
Fill located adjacent to watercourses shall be suitably
protected from erosion by means of riprap, gabions, retaining walls,
vegetative stabilization, or similar measures.
K.
Temporary vegetation and/or mulching shall be used
to protect bare areas and stockpiles from erosion during construction.
The smallest areas feasible, as approved by the Building Official
or his designee, shall be exposed at any one time. Disturbed areas
shall be protected during the nongrowing months of November through
March.
L.
Permanent vegetation shall be placed immediately following
final grading.
M.
Trees and other existing vegetation shall be retained
whenever feasible as per the determination of the Building Official
or his designee. The area within the dripline shall be fenced or roped
off to protect trees from construction equipment and foot traffic.
N.
All areas damaged during construction shall be resodded,
reseeded or otherwise restored.
O.
Monitoring and maintenance schedules, where required
by the Building Official or his designee, shall be predetermined.
P.
All controls installed or used to achieve compliance
with this SWPPP must be properly operated and maintained at all times.
[Added 11-6-2006 by Ord. No. 781]
Q.
Sediment controls, stormwater measures, and other
controls shall protect downstream water bodies from adverse water
quality impacts resulting from the construction activities.
[Added 11-6-2006 by Ord. No. 781]
[Amended 11-6-2006 by Ord. No. 781]
To obtain approval for a land-disturbing activity, as found applicable by the Building Official or his designee under § 207-5, an applicant shall first file a stormwater pollution prevention plan (SWPPP) that is signed and stamped by the individual or agency responsible for the preparation of the plan. The SWPPP, as described in § 207-14, shall describe and ensure the implementation of best management practices (BMPs) to be employed by the applicant to reduce or eliminate the pollutants in stormwater discharges at the site.
[Amended 11-6-2006 by Ord. No. 781]
Where any portion of a proposed development
requires approval under the state Fresh Water Wetlands Act[1] and where the approval contains provisions for soil erosion
and sediment controls, that approved plan shall be a component of
the overall SWPPP required by this article for the development.
[1]
Editor’s Note: See R.I.G.L. § 2-1-18
et seq.
[Amended 11-6-2006 by Ord. No. 781]
The Town shall collect fees from each applicant requesting approval of a stormwater pollution prevention plan for the purposes of administering this article. The Town Council shall retain the right to review and amend this schedule on a periodic basis. The nonrefundable filing fee shall be paid to the Town according to the construction site runoff control fee schedule in Chapter 93, Fees.
A.
Within seven working days of the receipt of a plan,
the Building Official or his designee shall review the plan for completeness.
If the Building Official or his designee finds that the plan is incomplete,
he shall forward a letter of deficiency within that period to the
applicant, listing the missing elements of the plan. If a deficiency
exists, the review period for that plan will not begin until all the
deficiencies have been addressed to the satisfaction of the Building
Official or his designee.
B.
If no deficiency is found, the Building Official or
his designee shall send a copy of the completed plan within five working
days of the receipt of the completed plan to the reviewing authorities,
which shall include the Planning Department, the Department of Public
Works, and the Conservation Commission, for the purpose of review
and comment.
C.
The Building Official or his designee may also submit
copies of the plan to other local departments or agencies, including
the Southern Rhode Island Conservation District, in order to better
achieve the purposes of this chapter.
D.
Failure of the aforementioned reviewing authorities,
with the exception of the Building Official or his designee, to respond
within 30 days of their receipt of the plan shall be deemed no objection
to the plan as submitted unless the applicant agrees to an extension
to be mutually determined between the applicant and the reviewing
authorities.
E.
The time allowed for plan review shall be commensurate
within the proposed development project and shall be done simultaneously
with other reviews.
A.
The Building Official or his designee shall take action in writing either approving, approving with conditions, or disapproving the plan with reasons stated within 10 days after the Building Official or his designee has received all of the written opinions of the reviewing authorities identified in § 207-19.
B.
In approving a plan, the Building Official or his
designee may attach such conditions deemed necessary by the aforementioned
reviewing authorities in addition to any further conditions consistent
with the purpose of this chapter.
C.
The conditions pertaining to construction site runoff
control measures and/or devices may include but are not limited to
the erection of walls, drains, dams and structures; the planting of
suitable vegetation, trees and shrubs; any necessary easements; good
housekeeping and spill prevention measures for construction waste;
and the specification of the methods for the performance and timing
of various kinds of work.
[Amended 11-6-2006 by Ord. No. 781]
D.
Following receipt of a permit, the applicant/owner
shall notify the Building Official or his designee at least 72 hours
in advance of his intent to begin clearing and construction work on
the site as described within the approved stormwater pollution prevention
plan.
[Amended 11-6-2006 by Ord. No. 781]
E.
The applicant shall have an approved copy of the stormwater
pollution prevention plan on site for the duration of the project
and shall be made available upon request.
[Amended 11-6-2006 by Ord. No. 781]
A.
If the ruling made by the Building Official or his
designee is unsatisfactory to the applicant, the applicant may file
a written appeal to the Zoning Board of Review or other appropriate
board of review, as determined by the Town Council.
B.
Appeal procedures shall follow current requirements
of the Zoning Board of Review or other appropriate board of review
as determined by the Town Council.
C.
During the period in which the request for appeal
is filed and until such time as a final decision is rendered on the
appeal, the decision of the Building Official or his designee shall
remain in effect.
D.
The Building Official or his designee and/or the Zoning
Board of Review or other appropriate board, as determined by the Town
Council, may seek technical assistance on any stormwater pollution
prevention plan. The expert opinion must be made available in the
office of the Building Official or his appointed designee as a public
record to the appeals hearing.
[Amended 11-6-2006 by Ord. No. 781]
[Added 11-6-2006 by Ord. No. 781]
As used in this article, the following terms
shall have the meanings indicated:
Discharges not comprised of stormwater, which are allowed
under the MS4 general permit, limited to the following, provided these
are not significant contributors of pollutants to the municipal separate
storm sewer system (MS4): discharges which result from the wash down
of vehicles at retail dealers selling new and used automobiles where
no detergents are used and individual residential car washing; external
building wash down where no detergents are used; the use of water
to control dust; firefighting activities; fire hydrant flushings;
natural springs; uncontaminated groundwater; dechlorinated pool discharges;
air-conditioning condensate; lawn watering; potable water sources,
including waterline flushings; irrigation drainage; pavement washwaters
where spills or leaks of toxic or hazardous materials have not occurred
(unless all spilled materials have been removed) and where detergents
are not used; discharges from foundation or footing drains where flows
are not contaminated with process materials such as solvents, or contaminated
by contact with soils where spills or leaks of toxic or hazardous
materials have occurred; uncontaminated utility vault dewatering;
dechlorinated waterline testing water; hydrostatic test water that
does not contain any treatment chemicals and is not contaminated with
process chemicals.[1]
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 RIPDES construction permits. As of
March 2003, RIPDES Storm Water Phase II permits are 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 person who causes, allows, permits or is otherwise responsible
for a discharge, including, without limitation, any operator of a
construction site or industrial facility.
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.
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 the Town of East Greenwich 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 the Town of East Greenwich.
Any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater except discharges pursuant to
a RIPDES permit (other than the RIPDES permit for discharges from
the municipal separate storm sewer) and discharges resulting from
firefighting activities.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Owned or operated by a city or town or the state
district association, or other public body (created by or pursuant
to state law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater or other wastes, including special districts under
state law, such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian
tribal organization, or a designated and approved management agency
under Section 208 of the CWA that discharges to waters of the state;
Designed or used for collecting or conveying
stormwater;
Which is not a combined sewer; and
Which is not part of a publicly owned treatment
works (POTW) as defined in Rule 3 of the RIPDES Regulations.
Any discharge that is not composed entirely of stormwater.
The party or parties that either individually or taken together
have the day-to-day operational control over the facility's activities
and the ability to make modifications to such activities.
The party or parties that either individually or taken together
have legal title to any premises.
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, ordnances 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 surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A discharge of stormwater not authorized by a RIPDES permit
or an allowable stormwater discharge found to be a significant contributor
of pollutants to the MS4.
A natural or man-made surface drainage channel or body of
water (including a lake or pond) through which a water flow occurs,
either continuously or intermittently.
Surface and ground waters within the boundaries of the State
of Rhode Island and subject to its jurisdiction.
A.
Increased and contaminated stormwater runoff is a
major cause of impairment of water quality and flow in lakes, ponds,
streams, rivers, wetlands and groundwater; contamination of drinking
water supplies; alteration or destruction of aquatic and wildlife
habitat; and flooding. Regulation of illicit connections and discharges
to the municipal storm drain system is necessary for the protection
of the Town of East Greenwich's water bodies and groundwater and to
safeguard the public health, safety, welfare and the environment.
B.
The objectives of this article are:
(1)
To prevent (or reduce to the maximum extent practicable)
pollutants entering the municipally owned separate storm sewer system;
(2)
To prohibit illicit connections and unauthorized discharges
to the MS4;
(3)
To require the removal of all such illicit connections
and discharges;
(4)
To comply with state law and federal statutes and
regulations relating to stormwater discharges; and
(5)
To set forth the legal authority and procedures to
carry out all inspection, monitoring and enforcement activities necessary
to ensure compliance with this article.
This article is promulgated pursuant to the
Rhode Island Department of Environmental Management's ("DEM") General
Permit Rhode Island Pollutant Discharge Elimination System Storm Water
Discharge from Small Municipal Separate Storm Sewer Systems and from
Industrial Activity at Eligible Facilities Operated by Regulated Small
MS4s and in accordance with the Administrative Procedures Act, R.I.G.L.
§ 42-35-1 et seq.
A.
Prohibition of unauthorized discharges. No person
shall discharge or cause to be discharged into the municipal separate
storm sewer system or watercourses any pollutant or nonstormwater
discharge unless such a nonstormwater discharge is outlined in Part
I.B.3 of the MS4 general permit. The allowable nonstormwater discharges
(described below) are permitted if deemed not to be a significant
contributor of pollutants to the municipal separate storm sewer system.
B.
Allowable nonstormwater discharges:
(1)
Discharges which result from the wash down of vehicles
at retail dealers selling new and used automobiles where no detergents
are used and individual residential car washing;
(2)
External building wash down where no detergents are
used;
(3)
The use of water to control dust;
(4)
Firefighting activities;
(5)
Fire hydrant flushings;
(6)
Natural springs;
(7)
Uncontaminated groundwater; declorinated pool discharges;
(8)
Air-conditioning condensate;
(9)
Lawn watering; potable water sources including waterline
flushings;
(10)
Irrigation drainage;
(11)
Pavement washwaters where spills or leaks of
toxic or hazardous materials have not occurred (unless all spilled
materials have been removed) and where detergents are not used;
(12)
Discharges from foundation or footing drains
where flows are not contaminated with process materials such as solvents
or contaminated by contact with soils where spills or leaks of toxic
or hazardous materials have occurred;
(13)
Uncontaminated utility vault dewatering; dechlorinated
waterline testing water; and
(14)
Hydrostatic test water that does not contain
any treatment chemicals and is not contaminated with process chemicals.
C.
Prohibition of illicit connections. The construction,
use, maintenance or continued existence of illicit connections to
the municipal separate storm sewer system is prohibited. 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.
A person is considered to be in violation of this article if the person
connects a line conveying sewage to the MS4 or allows such a connection
to continue and must provide corrective action.
A.
Suspension due to illicit discharges in emergency
situations. The Building Official may, without prior notice, suspend
MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened nonstormwater 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 state. If the violator fails to comply with a suspension order
issued in an emergency, the Building Official may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the state, or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this article may
have his or her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Building Official will notify
a violator of the proposed termination of its MS4 access. The violator
may petition the Building Official for reconsideration and a hearing.
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the Building Official.
C.
Entry to perform duties under this article. To the
extent permitted by state law, or if authorized by the owner or other
party in control of the property, the Building Official, his or her
agents, officers and employees, may enter upon privately owned property
for the purpose of performing their duties under this article and
may make or cause to be made such examinations, surveys or sampling
as the Building Official deems reasonably necessary.
Any person subject to an industrial or construction
activity RIPDES 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 Building Official prior to
the allowing of discharges to the MS4.
The Building Official shall be permitted, upon
the presentation of credentials and other documents as may be required
by law, to:
A.
Enter the discharger's premises where a regulated
activity is conducted or where records must be kept as required under
the conditions of this permit;
B.
Have access to and copy, at reasonable times, any
records that must be kept as required under the conditions of the
permit;
C.
Inspect at reasonable times any equipment, practices
or operations regulated or required under this permit; and
D.
Sample or monitor any substances or parameters at
any location, at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the CWA or Rhode Island law.
In an attempt to prevent, control and reduce
stormwater pollutants, any person engaged in activities or operations
or owning facilities or property which will or may result in pollutants
entering stormwater, the storm sewer system or waters of the state
shall implement best management practices to the extent they are technologically
achievable to prevent and reduce such pollutants. The owner or operator
of a commercial or industrial establishment shall provide reasonable
protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses. Facilities
to prevent accidental discharge of prohibited materials or other wastes
shall be provided and maintained at the owner's or operator's expense.
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 reasonably 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. The owner or lessee shall
not remove healthy bank vegetation beyond that actually necessary
for maintenance, nor remove said vegetation in such a manner as to
increase the vulnerability of the watercourse to erosion. The property
owner or lessee shall be responsible for maintaining and stabilizing
that portion of the watercourse that is within his or her property
lines in order to protect against erosion and degradation of the watercourse
originating or contributed from his or her property. Nothing in this
section shall preclude any owner/lessee from compliance with relevant
provisions of the Rhode Island Fresh Water Wetlands Act, R.I.G.L.
§ 2-1-18 et seq., or other applicable laws or regulations.
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 unauthorized discharges or pollutants discharging
into stormwater, the storm drain system, or waters of the state from
said facility, 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 a hazardous material, said person shall immediately
notify emergency response officials of the occurrence via emergency
dispatch services (911). In the event of a release of nonhazardous
materials, said person shall notify the Building Official no later
than the next business day. Notifications in person or by phone shall
be confirmed by written notice addressed and mailed to the Building
Official 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.
Nothing in this section shall preclude any owner/lessee from compliance
with relevant provisions of the Rhode Island Clean Water Act, R.I.G.L.
§ 46-12-1 et seq., or other applicable laws or regulations.
A.
Whenever the Building Official finds that any person
has violated a prohibition or failed to meet a requirement of this
article, the Building Official may order compliance by written notice
of violation to the responsible person. Such notice may require, without
limitation:
(1)
The performance of monitoring, analyses and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices or operations
shall cease and desist;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation
costs; and
(6)
The implementation of source control or treatment
BMPs.
B.
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.
Any person receiving a notice of violation may
appeal the determination of the Building Official. The notice of appeal
must be received within 30 days from the date of the receipt of the
notice of violation. The notice of appeal shall be in writing and
contain a detailed basis upon which the appeal was taken. The procedure
for said appeal shall be in conformity with the Administrative Procedures
Act, R.I.G.L. § 42-35-1 et seq.
In lieu of enforcement proceedings, penalties
and remedies authorized by this article, the Building Official may
enter into a negotiated settlement to resolve the appeal of the notice
of violation. Such settlement may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
If no timely appeal of a notice of violation
has been taken and 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 30 days of the decision of the Building Official
upholding the decision of the Building Official, then representatives
of the Town of East Greenwich shall undertake all necessary actions,
including requesting injunctive relief through the Superior Court,
to enter upon the subject private property and take any and all measures
necessary to abate the violation and/or restore the property.
The Building Official is authorized to issue
the following administrative orders at any time he or she deems such
action appropriate to secure timely and effective compliance with
this article or a discharge permit or order issued pursuant to this
article, whether or not any previous notifications of violation have
been provided to the user.
A.
Cease and desist order. The authorized enforcement
agency may issue an order to cease and desist a violation or an action
or inaction which threatens a violation and to direct the user to
comply forthwith or to take such appropriate remedial or preventive
action as may be needed to properly address the violation or threatened
violation, including halting operations and terminating the discharge.
B.
Compliance order. The Building Official may issue
an order requiring a user to provide within a specified period of
time such treatment, pretreatment or discharge control facilities
or related appurtenances as are necessary to correct a violation or
to prevent a threatened violation. A compliance order may also direct
that a user provide improved operation and maintenance of existing
discharge facilities, conduct additional self-monitoring or submit
appropriate reports or management plans.
C.
Show cause order. The Building Official may issue
an order to show cause why a proposed enforcement action should not
be taken. Notice shall be served on the user specifying the time and
place for a meeting, the proposed enforcement action and the reasons
for such action, and a request that the user show cause why the proposed
enforcement action should not be taken. Whether or not a duly notified
user appears as noticed, additional enforcement action may be initiated.
D.
Consent order. The Building Official may enter into
consent orders, assurances of voluntary compliance, or other similar
documents establishing an agreement with a user. Such orders shall
include specific actions to be taken by the user and specific time
frames to correct a violation or to remove the threat of a violation.
Within 14 days after abatement of the violation,
by or under the direction of the Building Official, the owner of the
property will be notified by the Town of East Greenwich of the cost
of abatement, including administrative costs. If the amount due is
not paid within a timely manner as determined by the Town of East
Greenwich, 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
section shall become liable to the Town of East Greenwich by reason
of such violation. The liability shall be paid in not more than 12
equal payments. Interest at the rate of 12% 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
article. If a person has violated or continues to violate the provisions
of this article, the Building Official may petition for a temporary,
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 addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article 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.
A.
Any person that has violated or continues to violate
this article shall be liable to criminal prosecution to the fullest
extent of the law and shall be subject to a criminal penalty of $250
per violation per day.
B.
The Town of East Greenwich may recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the Town of
East Greenwich to seek cumulative remedies.
