ARTICLE V-A. - PROHIBITION OF ILLICIT DISCHARGES
Part of the Code of Ordinances of Warren, RI.
The text
Sec. 4-113. - Purpose.#
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Warren through the regulation of non storm water discharges to the town's municipal separate storm sewer. specifically, this article is intended to: (1)
Prevent pollution and impairment to waters of the state through proper operation of the town municipal separate storm sewer.
(2)
Provide for compliance with the 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, as amended and including, but not necessarily limited to, parts IV.B.3.a.2 and IV.B.3.b.4.
(3)
Prohibit, and enforce such prohibition, against non storm water discharges that are not expressly authorized under a the state pollutant discharge elimination system permit.
(4)
Prevent improper disposal and handling of waste, litter, yard waste, and household hazardous waste that might otherwise contribute to pollution or impairment of waters of the state via the town's municipal separate storm sewer.
(Ord. of 1-12-2010)
Sec. 4-114. - Authority.#
This article is promulgated pursuant to the requirements of 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, including, but not necessarily limited to, parts IV.B.3.a.2 and IV.B.3.b.4. and in accordance with the Title 45 Towns and Cities, Chapter 6 Ordinances (G.L. 45-6-1, et seq.).
(Ord. of 1-12-2010)
Sec. 4-115. - Definitions.#
Allowable non-stormwater discharges means discharges expressly allowed pursuant to the state pollutant discharge elimination system permit. In accordance with part I.B.3 of the 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 provided such discharges are not deemed significant contributors of pollutants to the MS4, allowable non-stormwater discharges may include, but are limited to the following, (1)
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.
(2)
External building washdown where no detergents are used.
(3)
Use of water to control dust.
(4)
Fire fighting activities.
(5)
Fire hydrant flushings.
(6)
Natural springs.
(7)
Uncontaminated groundwater.
(8)
Dechlorinated pool discharges.
(9)
Air conditioning condensate.
(10)
Lawn watering
(11)
Potable water sources including waterline flushings.
(12)
Irrigation drainage.
(13)
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.
(14)
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.
(15)
Uncontaminated utility vault dewatering.
(16)
Dechlorinated water line testing water.
(17)
Hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.
Discharge means the addition of any pollutant to municipal separate storm sewer from any point source.
Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to the state pollutant discharge elimination system permit.
Owner or operator means the owner or operator of any facility or activity subject to regulations for the state pollutant discharge elimination system, as amended.
Person means an individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation) partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency or any subdivision, commission, department, bureau, agency or department of state or federal government (including quasi-governmental corporation) or of any interstate body and any agent or employee thereof.
Point source means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, agricultural waste, pet waste, litter, yard waste or household hazardous waste.
(Ord. of 1-12-2010)
Sec. 4-116. - Authorized enforcement agent.#
For the purposes of this article the authorized enforcement agent means the director of the town department of public works and representatives and designees acting to implement or enforce this article in accordance with section 1-2.
(Ord. of 1-12-2010)
Sec. 4-117. - Prohibited discharges.#
No person shall discharge or cause discharge into a municipal separate storm sewer unless such discharge is an allowable non stormwater discharge as defined in this article.
(Ord. of 1-12-2010)
Sec. 4-118. - Suspension of municipal separate storm sewer access.#
Any person discharging to the municipal separate storm sewer in violation of this article may have their municipal separate storm sewer access terminated if such termination would abate or reduce an illicit discharge. A person commits a separate violation if the person reinstates municipal separate storm sewer access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agent.
(Ord. of 1-12-2010)
Sec. 4-119. - Inspections and monitoring.#
The authorized enforcement agent shall be permitted, upon the presentation of credentials and other documents, as may be required by law, to: (1)
Enter the premise(s) where a regulated activity is conducted, or where records must be kept as required under the conditions of the state pollutant discharge elimination system permit.
(2)
Have access to and copy, at reasonable times, any records that must be kept as required under the conditions of a Rhode Island Pollutant Discharge Elimination System permit.
(3)
Inspect at reasonable times any equipment, practices, or operations regulated or required under a Rhode Island Pollutant Discharge Elimination System permit.
(4)
Sample or monitor any substances or parameters at any location, at reasonable times, for the purposes of assuring compliance with a Rhode Island Pollutant Discharge Elimination System permit.
(Ord. of 1-12-2010)
Sec. 4-120. - Notification of noncompliance.#
If the authorized enforcement agent finds a violation of this article then a written notice from the authorized enforcement agent to compel correction shall be transmitted to the owner or operator. Such notice shall set forth the nature of corrections required and the time limit within which corrections shall be completed. Failure to comply with the required corrections within the specified time limit shall be considered a violation of this chapter.
(Ord. of 1-12-2010)
Sec. 4-121. - Appeal of notice of noncompliance.#
Any person receiving a notice of noncompliance may appeal the determination of the authorized enforcement agent. The appeal must be received within thirty (30) days from the date of the receipt of the notice of noncompliance. The appeal shall be in writing and contain a detailed basis upon which the appeal was taken. The authorized enforcement agent shall then determine whether to accept the appeal or proceed to cause summons of the appellant in accordance with section 4-122, penalties for violation.
(Ord. of 1-12-2010)
Sec. 4-122. - Penalties for violation.#
Any person who shall violate any provision of this article shall be summoned to the town municipal court and, upon conviction, be punished in accordance with section 1-8. The authorized enforcement agent may, at the discretion of the court, undertake measures necessary to abate the violation and restore the property at the owner or operators expense.
(Ord. of 1-12-2010)
Sec. 4-123. - Cost of abatement of the violation.#
Within thirty (30) days after abatement of the violation by or under the direction of the authorized enforcement agent, the owner or operator will be notified by the authorized enforcement agent of the cost of abatement, including administrative costs. If the amount due is not paid within a timely manner as determined by the authorized enforcement agent, 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 by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of twelve (12) percent per annum shall be assessed on the balance beginning on the thirty-first day following discovery of the violation.
(Ord. of 1-12-2010)
Sec. 4-124. - Remedies not Exclusive.#
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 authorized enforcement agent to seek cumulative remedies.
(Ord. of 1-12-2010)
Sec. 4-125. - Adoption of ordinance.#
This article shall take effect in accordance with section 2-1.
(Ord. of 1-12-2010)