ARTICLE VIII. - STORMWATER MANAGEMENT—PROHIBITION OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS

Footnotes:

--- (5) --- Editor's note— Ord. No. 2008-26, adopted Oct. 22, 2008, set out provisions intended for use as Art. VII, §§ 13-251—13-264. For purposes of classification, and at the editor's discretion, these provisions have been included as Art. VIII, §§ 13-286—13-299.

Sec. 13-286. - Purpose.#

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's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.

This article establishes methods for controlling the introduction of pollutants into the municipal storm drain system in order to comply with requirements of the EPA's National Pollutant Discharge Elimination System (NPDES) stormwater regulations.

The objectives of this article are: (1)

To prevent (or reduce to the maximum extent practicable) pollutants entering Bristol's municipally owned separate storm sewer system;

(2)

To prohibit illicit connections and unauthorized discharges to the MS4; except those exempted by this article;

(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.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-287. - Authority.#

This article is promulgated pursuant to the Rhode Island Department of Environmental Management's ("DEM") General Permit Rhode Island Pollutant Discharge Elimination System Stormwater 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, G.L. 1956, § 42-35-1 et seq.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-288. - Compatibility and severability.#

This article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article 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.

If the provisions of any section, subsection, paragraph, subdivision or clause of this article 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 article.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-289. - Definitions.#

Allowable nonstormwater discharges means discharges not comprised of stormwater are allowed under the MS4 general permit but are limited to the following, provided these are not significant contributors of pollutants to the MS4: discharges which result from the washdown of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing; external building washdown 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, oil and fuel, or contaminated by contact with soils where spills or leaks of toxic or hazardous materials have occurred; uncontaminated utility vault dewatering; dechlorinated water line testing water; hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.

Authorized enforcement agency means employees or designees of the municipal agency designated to enforce this article; recognized in the town as the director of public works.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good house keeping 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.

Clean Water Act (CWA) 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 RIPDES construction permits. As of March 2003, RIPDES Stormwater 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.

Discharger means 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.

DPW means department of public works.

EPA means Environmental Protection Agency.

Hazardous material means 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.

Illicit connection means an illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Illicit discharge means 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 defined as "allowable nonstormwater discharges" by this article.

Municipal separate storm sewer system (MS4) means EPA's term for a separate storm drain system, being a conveyance or system of conveyances (including but not limited to roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains and other drainage structures): (1)

Owned or maintained by the town, designed or used for collecting or conveying stormwater;

(2)

Which is not a combined sewer; and

(3)

Which is not part of a publicly owned treatment works (POTW) as defined in Rule 3 of the RIPDES regulations.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit issued by EPA Region 1 authorizing discharge to waters of the United States.

Nonstormwater discharge means any discharge that is not composed entirely of stormwater.

Operator means the party or parties that either individually or taken together have the day-to-day operational control over stormwater facility activities and the ability to make modifications to such activities.

Owner means the party or parties that either individually or taken together has legal title to any premise.

Person means 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.

Pollutants means anything which causes or contributes to pollution. Pollutants may include but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

RIPDES means Rhode Island Pollutant Discharge Elimination System Program.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stormwater pollution prevention plan (SWPPP) means EPA's term for the stormwater management plan required for all facilities and/or construction activities for which NPDES stormwater discharge permits are required. The plan describes the BMPs and activities to be implemented to prevent contamination of receiving waters from stormwater runoff.

Unauthorized discharge means a discharge of stormwater not authorized by a RIPDES per permit, or an allowable stormwater discharge found to be a significant contributor of pollutants to the MS4.

Watercourse means a natural or manmade surface drainage channel or body of water (including a lake or pond) through which a water flow occurs, either continuously or intermittently.

Waters of the state means surface and ground waters within the boundaries of the state and subject to its jurisdiction.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-290. - Discharge prohibitions.#

Prohibition of unauthorized discharges.

No person shall discharge or cause to be discharged into any stormwater system (municipal or private) or watercourses any pollutant or nonstormwater discharge. 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.

Allowable nonstormwater discharges: (1)

Discharges which result from residential car washing, or from the washdown of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing;

(2)

External building washdown 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; rising groundwater;

(8)

Air conditioning condensate;

(9)

Lawn watering; potable water sources including waterline flushing;

(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 water line testing water;

(14)

Hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals; and

(15)

Dechlorinated residential pool discharges.

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.

Any drain that has not been documented on plans or approved by a DPW permit, which may be connected to a storm drain system shall be located in the field by the owner or occupant of that property upon receipt of written notice of violation by the director of public works. Such notice will specify a reasonable time period within which the location of the drain is to be completed and identified as to its use. Results of this investigation are to be documented by a professional engineer or surveyor and filed with the town engineer.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-291. - Access and inspection of properties and facilities.#

The director of public works shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-292. - Suspension of MS4 access due to illicit discharge.#

Any person discharging to the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for 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 authorized enforcement agency.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-293. - Industrial and construction activity discharge.#

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 authorized enforcement agency prior to the allowing of discharges to the MS4.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-294. - Requirement to prevent, control and reduce stormwater pollutants.#

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 (BMPs), as described in the town's SWPPP, 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 and methods necessary to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-295. - Watercourse protection.#

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, 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 their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

Nothing in this section shall preclude any owner/lessee from compliance with relevant provisions of the Rhode Island Freshwater Wetlands Act, G.L. 1956, § 2-1-18 et seq. or other applicable laws or regulations.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-296. - Notification of spills.#

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 an illicit discharge, 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 authorized enforcement agency no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within two 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, G.L. 1956, § 46-12-1 et seq. or other applicable laws or regulations.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-297. - Enforcement.#

Notice of violation. Whenever the authorized enforcement agency finds that any person has violated a prohibition, failed to meet a requirement of this article, or has not shown a willingness to work with the director of public works and the department of public works or fails to meet deadlines established by these town agencies in the elimination and remediation associated with an illicit discharge, in compliance with this article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitations: (1)

Address, including town plat and lot, and owner of property of alleged violation;

(2)

Statement specifying nature of the violation, including monitoring and reporting requirements of this article;

(3)

That violating discharges, practices, or operations shall cease and desist; and illicit connections eliminated;

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)

Fines and other costs needed to cover administration and remediation associated with alleged illicit discharge; and

(6)

The implementation of source control or treatment BMPs.

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; such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-298. - Penalties for violations.#

It shall be unlawful for any person or other party to violate any provision or fail to comply with any of the requirements of this article. If an individual or other party violates any provision of this article, such person or other party may be fined in accordance with the provisions of section 1-7 of the Bristol Code of Ordinances and the town may also require removal of any waste within ten calendar days at the violator's expense.

(Ord. No. 2008-26, 10-22-08)

Sec. 13-299. - Injunctive relief.#

If a person or other party has violated or continues to violate the provisions of this article, the authorized enforcement agency may petition the superior court for a temporary, preliminary or permanent injunction restraining the person or other party from activities which would create further violations or compelling the person or other party to perform abatement or remediation of the violation.

(Ord. No. 2008-26, 10-22-08)