ARTICLE VI. - PROHIBITION OF ILLICIT DISCHARGES

Sec. 12-170. - Definitions.#

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Illegal discharge. Any direct or indirect non-stormwater discharge to the municipal storm sewer system, except as exempted in section 12-171(a) of this article.

Illicit connections. An illicit connection is defined as either of the following: (1) any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the municipal storm sewer 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 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 (2) 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.

Municipal storm sewer system. Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Non-stormwater discharge. Any discharge to the municipal storm sewer system that is not composed entirely of stormwater.

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

(Ord. of 8-27-2008(2))

Sec. 12-171. - Illicit discharge and illicit connections.#

(a)

Prohibition of illicit discharges. Non-stormwater discharge is expressly prohibited from entering the municipal storm sewer system, unless the discharge has received all required federal, state and local permits including the Rhode Island Pollutant Discharge Elimination System (RIPDES) or is included in one of the following categories of discharges: 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; fire fighting activities; fire hydrant flushing; natural springs; uncontaminated groundwater; dechlorinated pool discharges; air conditioning condensate; lawn watering; potable water sources including waterline flushing; irrigation drainage; pavement wash waters 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 water line testing water; hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.

(b)

Prohibition of illicit connections.

(1)

The construction, use, maintenance or continued existence of illicit connections to the municipal storm sewer system is prohibited.

(2)

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 non-stormwater to the municipal storm sewer system or allows such a connection to continue.

(3)

A person is in violation of this article if he/she connects a line conveying non-stormwater to the municipal storm sewer system, or allows such a connection to continue.

(Ord. of 8-27-2008(2))

Sec. 12-172. - Responsibility for administration.#

The director of public works or designee shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the director of public works may be delegated in writing by the director of public works to persons or entities acting in the interest of or in the employ of the department of public works.

(Ord. of 8-27-2008(2))

Sec. 12-173. - Right of entry.#

To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the director of public works or designee or designated representative 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 town deems reasonably necessary.

(Ord. of 8-27-2008(2))

Sec. 12-174. - 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 unauthorized discharges or pollutants discharging into stormwater, the municipal storm sewer 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 non-hazardous materials, said person shall notify the director of public works or designee no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the director of public works or designee within five working 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. of 8-27-2008(2))

Sec. 12-175. - Enforcement.#

(a)

If an illicit discharge to the municipal storm sewer system is detected, the owner shall cease the discharge. If the discharge does not cease within seven calendar days, the owner may be fined in accordance with the provisions of section 1-6 this Code and the director of public works or designee shall have the right to take the available appropriate remedies it deems necessary to correct the violations and to place a lien on the subject property in an amount equal to the cost of the remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of liens on real or personal property. The lien shall be recorded in the land evidence records of the town and the amount thereof shall accrue legal interest from the date of the recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including revocation of the performance bond or assessment of a lien on the property.

(b)

Any individual or other party is prohibited from discharging waste, including construction waste, building material, truck washout, chemicals, litter, sanitary wastes or other waste into the municipal storm sewer system. If such a violation occurs the individual or other party may be fined in accordance with the provisions of section 1-6 this Code and the town may also require removal of the waste within ten calendar days at the violator's expense. The town may charge the violator any costs associated with removal or repair of damage resulting from the violation.

(Ord. of 8-27-2008(2))