Illicit Discharge & Illegal Connection
TOWN OF STONINGTON, CT
ILLICIT DISCHARGE AND ILLEGAL CONNECTION ORDINANCE
Table of Contents
- Summary
- Introduction
- Section 1. General Provisions
- Section 2. Definitions
- Section 3. Prohibitions
- Section 4. Guidance for Disposal of Vehicle & Boat Wash Water
- Section 5. Guidance for Proper Disposal of Residential Swimming Pool/Hot Tub
Wastewater
- Section 6. Industrial or Construction Activity Discharges
- Section 7. Access and Inspection of Properties and Facilities
- Section 8. Notification of Accidental Discharges and Spills
- Section 9. Violations, Enforcement and Penalties
Summary
An illicit discharge is defined as any discharge to the municipal separate storm sewer system (stormwater drainage system) that is not composed entirely of stormwater runoff (except for discharges allowed under an NPDES permit or non-polluting flows). These non-stormwater discharges occur due to illegal dumping or illegal connections to the stormwater drainage system. This ordinance provides the Town with the authority to regulate illicit discharges, designates who shall administer and enforce the provisions of this ordinance, and establishes enforcement actions for those persons or entities found to be in noncompliance or that refuse to allow access to their facilities.
Introduction
It is hereby determined that:
Discharges to the municipal separate storm sewer system that are not composed entirely of stormwater runoff contribute to increased nonpoint source pollution and degradation of receiving waters;
These non-stormwater discharges occur due to spills, dumping and improper connections to the municipal separate storm sewer system from residential, industrial, commercial or institutional establishments.
These non-stormwater discharges not only impact waterways individually, but geographically dispersed, small volume non-stormwater discharges can have cumulative impacts on receiving waters.
The impacts of these discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters. These impacts can be minimized through the regulation of spills, dumping and discharges into the municipal separate storm sewer system;
Localities in the State of Connecticut are required to comply with a number of State and Federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and nonpoint source pollution due to improper non-stormwater discharges to the municipal separate storm sewer system;
Therefore, the Stonington Board of Selectman adopts this ordinance for approval at a town meeting, to prohibit such non-stormwater discharges to the municipal separate storm sewer system. The Board firmly believes that the regulation of spills, improper dumping, and discharges to the municipal separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment.
If any provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this ordinance that can be given affect without the invalid provisions or applications; and to this end, the provisions of this ordinance and the various applications thereof are declared to be severable.
This ordinance shall become effective fifteen (15) days after its passage.
Section 1. General Provisions
1.1. Purpose and Intent
The purpose of this ordinance is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the municipal separate storm sewer system to the maximum extent practicable as required by Federal law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are to:
(1) Regulate the contribution of pollutants to the municipal separate storm sewer system by any person;
(2) Prohibit illicit discharges and illegal connections to the municipal separate storm sewer system;
(3) Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to these separate storm sewer systems; and,
(4) To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this ordinance
1.2. Applicability
The provisions of this ordinance shall apply throughout the Town of Stonington.
1.3. Compatibility with Other Regulations
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
1.4. Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
1.5. Responsibility for Administration
The Director of Public Works, hereafter referred to as “the Director”, shall administer, implement, and enforce the provisions of this ordinance.
Section 2. Definitions
“Accidental Discharge” means a discharge prohibited by this ordinance, which occurs by chance, and without planning or thought prior to occurrence.
“Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
“Construction Activity” means activities subject to the Connecticut Erosion and Sedimentation Control Act or General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
“Director” means the Director of Public Works for the Town of Stonington or his/her authorized deputy, agent, or representative.
“Illicit Discharge” means any unpermitted discharge to waters of the state that does not consist entirely of stormwater or uncontaminated ground water except those discharges identified in Section 3.1.1 of this ordinance when such non-stormwater discharges are not significant contributors of pollution to a discharge from an identified municipal separate storm sewer system.
“Illegal Connection” means either of the following:
a) Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or
b) Any pipe, open channel, drain or conveyance connected to the municipal separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
“Industrial Activity” means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14) or CGS 22a-430b.
“National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit” means a permit issued by the Connecticut DEEP under 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.
“Municipal Separate Storm Sewer System” means any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, municipal streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:
a) Owned or maintained by the Town of Stonington;
b) Not a combined sewer; and
c) Not part of the system that is under the control of the Stonington Water Pollution Control Authority (WPCA).
“Non-Stormwater Discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
“Person” means, except to the extent exempted from this ordinance, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity.
“Pollutant” means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; silt, sand and/or exposed earth and wastes and residues that result from constructing a building, a road and/or a structure; concrete and cement; and noxious or offensive matter of any kind.
“Pollution” means the contamination or other alteration of any water’s physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
“Premises” mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
“State Waters” means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Connecticut which are not entirely confined and retained completely upon the property of a single person.
“Stormwater Runoff” or “Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
“Structural Stormwater Control” means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
Section 3. Prohibitions
3.1 Prohibition of Illicit Discharges
No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater. Prohibited discharges would include, but not be limited to, residential, industrial, or commercial wastes, trash, used motor vehicle fluids, pesticides, fertilizers, food preparation waste, leaflitter, grass clippings, or domestic animal wastes.
- The following discharges are exempt from the prohibition provision above provided that they do not contribute to a water quality violation; and such non-stormwater discharges are not significant contributors of pollutants to the municipal separate storm sewer system:
- uncontaminated ground water discharges including, but not limited to, pumped ground water, 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;
- naturally occurring discharges such as rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)), springs, diverted stream flows and flows from riparian habitats and wetlands;
- water line flushing performed by a public utility; and
- air conditioning condensation.
(2) Discharges or flows from firefighting activities (except training), and other discharges specified in writing by the Town of Stonington as being necessary to protect public health and safety are exempt from the prohibition provision above.
(3) The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all 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 municipal separate storm sewer system.
3.2 Prohibition of Illegal Connections
The construction, connection, use, maintenance or continued existence of any illegal connection to the municipal separate storm sewer system is prohibited.
(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person violates this ordinance if the person connects a line conveying sewage to the municipal separate storm sewer system or allows such a connection to continue.
(3) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Stonington Water Pollution Control Authority. Elimination of the identified improper connection shall follow all guidance or timetables specified in the current municipal separate storm sewer system general permit for the State of Connecticut. If what is being discharged is not acceptable to enter into the sanitary sewer system or infiltrate into the ground, then it will have to be discharged in another way that is acceptable to the Town.
(4) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the municipal storm sewer system, shall be relocated by the owner or occupant of that property upon receipt of written notice of violation from the Town. Such notice will specify a time period within which the relocation of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented by the owner or occupant of that property and provided to the Director.
Section 4. Guidance for Proper Disposal of Vehicle Wash Water
All vehicle washing should be performed in a manner which prevents the direct discharge of washwater that is contaminated or contains detergents to a stream, river, or other surface waterbody. Washwaters should not enter a stormwater catch basin because the vast majority of these storm drains discharge directly to a surface waterbody without treatment.
Vehicle washing should be performed in an area large enough to contain all washwater and allow it to seep into the grass, gravel and/or soil. It is important that the area selected be as far away as possible from on-site or neighboring potable water supplies (wells). For more information on this subject, please refer to the latest Guidance Documents on “Disposal of Vehicle Wash Water” available on the CT Department of Energy and Environmental Protection’s website.
Section 5. Guidance for Proper Disposal of Residential Swimming Pool/Hot Tub Wastewater
Disposal of residential swimming pool and/or hot tub wastewater needs to comply with all the latest CT Department of Energy and Environmental Protection (DEEP) regulations and requirements. For more information on this subject, please refer to the Environmental Permitting Section of the CT DEEP’s website.
Section 6. Industrial, Commercial or Construction Activity Discharges
Any person subject to an industrial, commercial 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 Director prior to allowing discharges to the municipal separate storm sewer system.
Section 7. Access and Inspection of Properties and Facilities
The Director, or his/her designee, shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this ordinance.
(1) If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the Town.
(2) The owner or operator shall allow the Director access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.
(3) The Director shall have the right to set up on any property or facility such devices as are necessary in his/her opinion to conduct monitoring and/or sampling of flow discharges.
(4) The Director may require the owner or operator to install monitoring equipment and perform monitoring as necessary and make the monitoring data available to his/her office. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(6) Unreasonable delays in allowing the Director access to a facility are a violation of this ordinance.
(7) If the Director has been refused access to any part of the premises from which stormwater is discharged, and the Director is able to demonstrate probable cause to believe that there may be a violation of this ordinance, 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 ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Director may seek issuance of a search warrant from any court of competent jurisdiction.
Section 8. Notification of Accidental Discharges and Spills
Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, State Waters, or Waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.
Said person shall notify the Director no less than 24 hours after the event of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within three business days of the phone or in person 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. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
Failure to provide notification of a release as provided above is a violation of this ordinance.
Section 9. Violations, Enforcement and Penalties
9.1. Violations
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the Stonington Police Department and/or the Director is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Director is authorized to seek costs of the abatement as outlined in Section 7.5.
9.2. Notice of Violation
Whenever the Director finds that a violation of this ordinance has occurred, the Director may order compliance by written notice of violation.
A. The notice of violation shall contain:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action. It is not the responsibility of the Town to formulate or design any remedial systems.
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and,
(6) A statement that the determination of violation may be appealed to the Stonington Board of Selectman by filing a written notice of appeal within thirty (30) days from the date of the written Notice of Violation.
B. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting required;
(2) The elimination of illicit discharges and illegal connections;
(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 costs to cover administrative and abatement costs; and,
(6) The implementation of pollution prevention practices acceptable to the Town.
(7) The reporting of the violation to the Connecticut Department of Energy and Environmental Protection (DEEP) and/or the United States Environmental Protection Agency (EPA).
9.3. Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination of the Director. The notice of appeal must be received by the Selectman’s Office within thirty (30) days from the date of the written Notice of Violation. A hearing on the appeal before the Board of Selectman shall take place within 60 days from the date of receipt of the Notice of Appeal. The alleged violator or his/her designee should be present at the Board of Selectman’s meeting to present their case and defend the accusations from the Notice of Violation. The decision of the Board of Selectman shall be final.
9.4. Enforcement Measures after Appeal
If 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 Board of Selectman upholding the decision of the Director, then the Director may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
9.5 Costs of Abatement of the Violation
Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest to the Board of Selectman objecting to the assessment or to the amount of the assessment within 30 days of such notice. A hearing on the abatement assessment appeal before the Board of Selectman shall take place within 60 days from the date of receipt of the notice of appeal. The alleged violator or his/her designee should be present at the Board of Selectman’s meeting to present their case on why the assessment is unfair.
If the amount due is not paid within thirty (30) days after receipt of the notice, or if an appeal is taken, within thirty (30) days after a decision on said appeal, 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 article shall become liable to the Town of Stonington by reason of such violation.
9.6 Civil Penalties - In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the Director shall deem appropriate, after the Director has taken one or more of the actions described above, the Director may impose a penalty not to exceed $100.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
9.7 Criminal Penalties - For intentional and flagrant violations of this ordinance, the Director may refer the violation to the United States Environmental Protection Agency (EPA) for enforcement of penalties under Sections 309 and 311 of the Clean Water Act.
9.8 Violations Deemed a Public Nuisance
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 ordinance is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.
9.9 Remedies Not Exclusive
The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable Federal, State or local law and the Director may seek cumulative remedies.
The Director may recover attorney’s fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.
Adopted – March 21, 2011
Effective – April 9, 2011
Revised – July 17, 2018
Effective – August 5, 2018