The text
Footnotes:
--- (1) --- Cross reference— Sewer board of review, § 6-341 et seq.; disposal of hazardous waste in public drainage system prohibited, § 22-4; subdivisions, ch. 72; deferral of sewer assessments, § 74-2.
State Law reference— Creation of sewer commission and authorization of sewage works, P.L. 1962, ch. 254.
ARTICLE I. - GENERAL PROVISIONS#
Footnotes:
--- (2) --- Editor's note— Designation of art. I was added by Ord. No. O-16-16, § I, adopted August 17, 2016.
Sec. 66-1. - Individual sewage disposal system or sewer connection required.#
The owner of every dwelling house or any type of building shall provide the same with a suitable individual sewage disposal system, properly connected with such house or building, with an individual sewage disposal system permit from the state, or must connect such house or building to a sewer line. The requirements of this section shall be met previous to the issuance of a building permit.
(Code 1971, § 18-1)
Sec. 66-2. - Borrowing payable from city's sewer system revenues authorized.#
(a)
The sum of $50,000,000.00 is appropriated for the planning, construction, financing, maintenance, renewal and replacement costs for the collection, transportation, pumping, treatment and final disposition of sewage in the City of Warwick (the "project"). The period of usefulness of the project is expected to be not less than 25 years.
(b)
In accordance with G.L. Ch. 46-12.2, the mayor and the city treasurer are authorized to borrow an amount not exceeding $50,000,000.00 from the Rhode Island Clean Water Finance Agency, and to evidence such loan, such officers are hereby authorized to issue sewer revenue bonds in an amount not exceeding $50,000,00.00 (the "bonds"), at one time or from time to time in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $50,000,000.00 interest bearing or discounted notes (the "notes") under G.L. Ch. 46-12.2 in anticipation of the issue of said bonds or in anticipation of the receipt of federal or state aid for the purposes specified in subsection (a) hereof.
(d)
The bonds and notes shall be payable solely from revenues of the city's sewer system, including, but not limited to annual charges, sewer assessments and connect capable charges (the "sewer revenues"). The bonds and notes shall not be general obligations of the city. The city may issue bonds, notes or other obligations on a parity with the bonds or notes.
(e)
The manner of sale and the forms, denominations, maturities, interest rates and other details of the bonds and notes shall be fixed by the said officers.
(f)
Pending the issue of bonds under subsection (b) hereof or pending or in lieu of the issue of notes under subsection (c) hereof, the city treasurer may expend funds from the general treasury of the city for the purposes specified in subsection (a) hereof. Any advances made under this subsection shall be repaid without interest from the proceeds of bonds or notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.
(g)
The said officers are also authorized, empowered and directed, on behalf of the city, to: (1) execute, acknowledge and deliver a trust indenture by and among the city, the Warwick Sewer Authority, and a corporate trustee (the "trust indenture"), one or more supplemental indentures relating to the bonds and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (2) amend, modify or supplement the trust indenture, supplemental indentures, bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (3) pledge the sewer revenues to secure payment of the bonds or notes; (4) direct the trustee with regard to investments of trust funds pursuant to the trust indenture; and (5) do and perform all such other acts and things deemed by said officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent thereof.
(h)
The mayor and city treasurer are hereby authorized to take all lawful action necessary under the Internal Revenue Code of 1986, as amended (the "Code"), to ensure that the interest on the bonds and the notes will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on the bonds or notes to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code.
(i)
This section is an affirmative action of the city council of the city toward the issuance of the bonds and notes in accordance with the purposes of the laws of the state. This section constitutes the city's declaration of official intent, pursuant to Treasury Regulation § 1.150-2, to reimburse the city funds and accounts for certain capital expenditures for the project paid on or after the date which is 60 days prior to the date of this section but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall be reimbursed not later than 18 months after (1) the date on which the expenditure is paid or (2) the date the particular project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid.
(j)
The mayor and city treasurer are hereby authorized to take all lawful action necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a continuing disclosure certificate in connection with the bonds or notes in the form as shall be deemed advisable by the mayor and city treasurer in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this subsection and under the continuing disclosure certificate.
(Ord. No. O-04-23, § I, 10-16-04)
Sec. 66-3. - Borrowing payable from city's sewer system revenues authorized—Nitrogen and phosphorus removal facilities, preliminary treatment, aeration systems, secondary treatment facilities, solids handling and flood protection improvements.#
(a)
In addition to the authority granted by section 66-2 of the Code of Ordinances, the sum of $23,000,000.00 is appropriated for the design, construction, equipping, replacement, repair and rehabilitation of the city's sewage treatment system exclusively for upgrades to nitrogen and phosphorus removal facilities, preliminary treatment, sludge and aeration systems, secondary treatment facilities, solids handling and flood protection improvements, and the costs of issuance of the bonds and notes (defined below) (collectively, the "Project"). The period of usefulness of the project is expected to be not less than 25 years. Any additional work on the city's sewage treatment system will require city council approval.
(b)
This section is adopted in accordance with the Rhode Island Clean Water Finance Agency Act, Chapter 46-12.2 of the Rhode Island General Laws, which requires that the city comply with the City Charter to the extent it is not in conflict with Chapter 46-12.2. The mayor and the city treasurer are hereby authorized to borrow an amount not exceeding $23,000,000.00 from the Rhode Island Clean Water Finance Agency, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the Warwick Sewer Authority, in an amount not exceeding $23,000,000.00, wastewater system revenue bonds (the "Bonds"), at one time, or from time to time, in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $23,000,000.00 interest bearing or discounted wastewater system revenue notes (the "Notes") in anticipation of the issuance of said bonds. Issuance of notes must be approved by the city council.
(d)
The estimated maximum cost of the project is $23,000,000.00.
(e)
The bonds and notes shall be payable solely from revenues of the city's sewer system including, but not limited to, annual charges, sewer assessments and connect capable charges (the "Sewer Revenues"). The bonds and notes are not and shall never be general obligations of the city and therefore the authorization of the bonds and notes is not subject to the referendum requirements of the City Charter as the city's full faith and credit is not pledged to the payment of the bonds and notes. The city may issue bonds, notes, or other obligations on a parity with the bonds. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes. The net debt of the city is not affected by the issuance of the bonds or notes as the bonds and notes will not be general obligations of the city but will be payable solely from wastewater system revenues. The bonds and notes authorized hereby will be within all debt and other limitations prescribed by the Constitution and the laws of Rhode Island.
(f)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are also authorized, empowered and directed, to:
(1)
Execute, acknowledge and deliver a supplemental indenture by and among the city, the Warwick Sewer Authority and the U.S. Bank National Association, as trustee (the "trustee") amending and supplementing the trust indenture dated December 30, 2004 by and between the city and the trustee (as amended, the "trust indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing;
(2)
Amend, modify or supplement the trust indenture, the supplemental indenture, the bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; and
(3)
Do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent hereof.
(g)
The mayor and the city treasurer are hereby authorized to deliver the bonds or notes to the purchaser and said officers and the Chairperson of the Warwick Sewer Authority are hereby authorized and instructed to take all actions necessary to ensure that interest on the bonds and notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds or notes to become subject to federal income taxes.
(h)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a continuing disclosure certificate in connection with the bonds or notes in the form as shall be deemed advisable by the mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this section and under the continuing disclosure certificate.
(i)
This section shall take effect upon its passage.
(Ord. No. O-13-23, § 1, 12-10-13)
Sec. 66-4. - Borrowing payable from city's sewer system revenues authorized—Exclusively for Governor Francis III Wastewater Collection System, Northwest Gorton Pond Wastewater Collection System, O'Donnell Hill Area Wastewater Collection System, Bayside I Wastewater Collection System, Bayside II Wastewater Collection System, Bayside III Wastewater Collection System.#
(a)
In addition to the authority granted by sections 66-3 and 66-4 of the Code of Ordinances, the sum of $33,000,000.00 is appropriated for the design, construction, equipping and extension of the city's sewer lines and sewage collection system exclusively for the Governor Francis III Wastewater Collection System, the Northwest Gorton Pond Wastewater Collection System, the O'Donnell Hill Area Wastewater Collection System, the Bayside I Wastewater Collection System, the Bayside II Wastewater Collection System, the Bayside III Wastewater Collection System, the Oakland Beach Interceptor (provided, however, that the appropriation for the Oakland Beach Interceptor is limited to $2,960.00), and the costs of issuance of the bonds and notes (defined below) (collectively, the "Project"). The $2,960.00 appropriated for the Oakland Beach Interceptor shall be funded from unspent proceeds of the city's Wastewater System Revenue Bonds, 2017 Series A previously issued to the Rhode Island Infrastructure Bank ("RIIB"). The period of usefulness of the project is expected to be not less than 25 years. Any additional projects will require city council approval.
(b)
This section is adopted in accordance with the Rhode Island Clean Water Finance Agency Act, Chapter 46-12.2 of the Rhode Island General Laws, which requires that the City comply with the City Charter to the extent it is not in conflict with Chapter 46-12.2. The mayor and the city treasurer are hereby authorized to borrow an amount not exceeding $33,000,000.00 from RIIB, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the Warwick Sewer Authority, in an amount not exceeding $33,000,000.00, wastewater system revenue bonds (the "Bonds"), at one time, or from time to time, in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $33,000,000.00 interest bearing or discounted wastewater system revenue notes (the "Notes") in anticipation of the issuance of said bonds. Issuance of notes must be approved by the city council.
(d)
The estimated maximum cost of the project is $33,000,000.00.
(e)
The bonds and notes shall be payable solely from revenues of the city's sewer system including, but not limited to, annual charges, sewer assessments and connect capable charges (the "Sewer Revenues"). The bonds and notes are not and shall never be general obligations of the city and therefore the authorization of the bonds and notes is not subject to the referendum requirements of the City Charter as the city's full faith and credit is not pledged to the payment of the bonds and notes. The city may issue bonds, notes, or other obligations on a parity with the bonds. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes. The net debt of the city is not affected by the issuance of the bonds or notes as the bonds and notes will not be general obligations of the city but will be payable solely from wastewater system revenues. The bonds and notes authorized hereby will be within all debt and other limitations prescribed by the Constitution and the laws of Rhode Island.
(f)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are also authorized, empowered and directed, to:
(1)
Execute, acknowledge and deliver a supplemental indenture by and among the city, the Warwick Sewer Authority and U.S. Bank National Association, as trustee (the "Trustee") (the "Supplemental Indenture") amending and supplementing the trust indenture dated December 30, 2004 by and between the city and the trustee (as amended, the "Trust Indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing;
(2)
Amend, modify or supplement the trust indenture, the supplemental indenture, the bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; and
(3)
Do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent hereof.
(g)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are hereby authorized to deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed to take all actions necessary to ensure that interest on the bonds and notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds or notes to become subject to federal income taxes.
(h)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a continuing disclosure certificate in connection with the bonds or notes in the form as shall be deemed advisable by the mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this section and under the continuing disclosure certificate.
(i)
This section shall take effect upon its passage.
(Ord. No. O-13-22, § 1, 12-10-13; Ord. No. O-2-8, § 1, 6-23-21)
Sec. 66-5. - Borrowing payable from city's sewer system revenues authorized.#
(a)
In addition to the authority granted in the amount of $7,000,000.00 by O-20-10, previously known as PCO-11-20, and codified as section 66-5 of the Code of Ordinances, the additional sum of $23,000,000.00 is appropriated for the design, construction, repair, rehabilitation, equipping, and extension of the city's sewage collection system, including, but not limited to, interceptors, trunk lines, pumps, manholes, pipes, and design, feasibility, engineering, assessment or other studies which may be necessary or desirable in connection therewith, and the costs of issuance of the bonds and notes (defined below) (collectively, the "project"). The period of usefulness of the Project is expected to be not less than 25 years.
(b)
This section is adopted in accordance with the Rhode Island Infrastructure Bank Act, Chapter 46-12.2 of the Rhode Island General Laws, which requires that the city comply with the city charter to the extent it is not in conflict with [G.L.] Chapter 46-12.2. The mayor and the city treasurer are hereby authorized to borrow an amount not exceeding $30,000,000.00 from the Rhode Island Infrastructure Bank, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the Warwick Sewer Authority, in an amount not exceeding $30,000,000.00 wastewater system revenue bonds (the "bonds"), at one time, or from time to time, in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $30,000,000.00 interest bearing or discounted wastewater system revenue notes (the "notes") in anticipation of the issuance of said bonds.
(d)
The estimated maximum cost of the project is $30,000,000.00.
(e)
The bonds and notes shall be payable solely from revenues of the city's sewer system including, but not limited to, annual charges, sewer assessments and connect capable charges (the "sewer revenues"). The bonds and notes are not and shall never be general obligations of the city and therefore the authorization of the bonds and notes is not subject to the referendum requirements of the city charter as the city's full faith and credit is not pledged to the payment of the bond and notes. The city may issue bonds, notes, or other obligations on a parity with the bonds. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes. The net debt of the city is not affected by the issuance of the bonds or notes as the bonds and notes will not be general obligations of the city but will be payable solely from wastewater system revenues. The bonds and notes authorized hereby will be within all debt and other limitations prescribed by the Constitution and the laws of Rhode Island.
(f)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are also authorized, empowered and directed, to:
(1)
Execute, acknowledge and deliver one or more supplemental indentures (the "Supplemental Indentures") by and among the city, the Warwick Sewer Authority and U.S. Bank National Association, as trustee (the "trustee") amending and supplementing the trust indenture dated December 30, 2004 by and between the city and the trustee (as amended, the "Trust Indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing;
(2)
Amend, modify or supplement the trust indenture, the supplemental indenture, the bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; and
(3)
Do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent thereof.
(g)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are hereby authorized to deliver the bonds or notes to the purchaser and, if the bonds and notes are to be issued on a tax-exempt basis, said officers are hereby authorized and instructed to take all actions necessary to ensure that interest on the bonds and notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds or notes to become subject to federal income taxes.
(h)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver one or more continuing disclosure certificates in connection with the bonds or notes in the form as shall be deemed advisable by the mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificates, as they may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificates shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this section and under the continuing disclosure certificate.
(i)
The ordinance from which this section is derived is an affirmative action of the city council toward the issuance of the bonds and notes in accordance with the purposes of the laws of the state. The ordinance form which this section is derived constitutes the city's declaration of official intent, pursuant to Treasury Regulation 1.150(2), to reimburse the city's sewer enterprise fund for certain capital expenditures paid prior to the issuance of the bonds and notes. Such amounts shall be reimbursed not later than 18 months after (a) the date on which the expenditure is paid or (b) the date the property is placed in service or abandoned, but in no event later than three years after the date the expenditure is paid.
(Ord. No. O-20-10, § I, 8-24-20; Ord. No. O-23-8, § I, 4-18-23)
Editor's note— Ord. No. O-20-10, § I, adopted Aug. 24, 2020, set out provisions intended for use as 66-5.1. In order to preserve the style of this Code, and at the editor's discretion, these provisions have been included as 66-5.
Sec. 66-6. - Quarterly reports by Director of the Warwick Sewer Authority and the chief of the water division to the city council.#
The Director of the Warwick Sewer Authority and the chief of the water division shall appear before the city council at the first meeting of each quarter (January, April, July and October) and provide the city council with information on each of the following items: (1)
Status as of the time of the report on any and all pending construction projects including but not limited to and, as may be applicable, the plant upgrades and new installations;
(2)
Financial reports on any change orders related to construction;
(3)
For sewer projects that received funds from the $33,000,000.00 bonds, information in "real time" on which projects are on budget, over budget or under budget;
(4)
The numbers of new customers added to the sewer system since the prior quarterly report;
(5)
Updates on grants and other funding activity and applications therefor;
(6)
Potential pending foreclosures of any property;
(7)
Updates on any projects in the planning stage, engineering stage, permitting, etc.; and
(8)
Answer any questions put forth by council members.
(Ord. No. O-14-8, § I, 5-21-14)
ARTICLE II. - ILLICIT CONNECTIONS AND DISCHARGES TO THE MUNICIPAL SEPARATE STORM SEWER#
Sec. 66-7. - Purpose.#
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-storm water discharges to the City of Warwick's municipal separate storm sewer system ("MS4"). Specifically, this article is intended to: (1)
Prohibit illicit connections and discharges to city's municipal separate storm sewer system.
(2)
Prevent or reduce to the maximum extent possible, impairment to waters of the state and pollutants from entering the city's municipal separate storm sewer system.
(3)
Provide for compliance with the relevant federal statutes, state law and regulations related to storm water discharges, including but not limited to the General Permit Rhode Island Pollutant Elimination System Storm Water Discharge from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s, as modified and/or re-issued.
(4)
Prohibit, and enforce such prohibition against non-storm water discharges that are not expressly authorized under a Rhode Island Pollutant Discharge Elimination System Permit, including but not limited to allowable non-storm water discharges that are deemed to be significant contributors of pollutants to city's municipal separate storm sewer system.
(5)
Prevent improper disposal and handling of waste, litter, yard waste, pet waste and hazardous waste that might otherwise contribute to pollution or impairment of waters of the state via city's municipal separate storm sewer system.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-8. - Authority.#
This chapter is issued in accordance with the relevant requirements of Title 45 Towns and Cities, Chapter 6 Ordinances (R.I.G.L. 45-6-1, et seq, as amended).
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-9. - Definitions.#
Allowable non-storm water discharges means discharges expressly allowed pursuant to a Rhode Island 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, defined as a discharge or source of pollutants identified by the city and/or State as having a reasonable potential to cause or contribute to an in-stream excursion above the applicable water quality standard including designated uses or designated as a significant contributor of pollutants to the MS4 or waters of the state as designated through a TMDL or other water quality determination provisions in accordance with rule 31 (a)(1)(vii) and rule 31(a)(1)(viii), to the MS4, allowable non-storm water discharges may include, but are limited to the following: (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)
Use of water to control dust.
(4)
Firefighting 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.
(18)
Discharges from sump pumps where flows are not contaminated with process materials such as solvents, nor contaminated with wastes, nor contaminated by contact with hazardous materials.
Authorized enforcement agent for the purposes of this chapter, means the director of the city department of public works or his/her representative, who is a city employee, director, agent, officer, or consultant acting to implement or enforce this chapter.
Discharge(s) means the addition of any pollutant to municipal separate storm sewer system from any point source.
Illicit discharge(s) means any discharge to the municipal separate storm sewer system that is not composed entirely of storm water with the exception of allowable non-storm water discharges expressly allowed pursuant to a Rhode Island Pollutant Discharge Elimination System Permit, provided such discharges are not deemed significant contributors of pollutants to the MS4.
Municipal separate storm sewer system or MS4 means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, ditches, man-made channels, or storm drains): (1)
Owned or operated by the city.
(2)
Designed or used for collecting or conveying storm water.
(3)
Which is not a combined sewer.
(4)
Which is not part of a sanitary sewer.
Operator means the party or parties that either individually or taken together have the day-to-day operational control over activities at the facility 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 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(s) 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(s) means any dredged material, solid waste, incinerator residue, sewage, garbage, sewage sludge, sediment, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial or municipal or agricultural waste or effluent, petroleum or petroleum products, including but not limited to oil; or any material which will likely alter the physical, chemical, biological, or radiological characteristics and/or integrity of water, such as agricultural waste, pet waste, litter, yard waste or hazardous waste.
RIPDES means the Rhode Island pollutant discharge elimination system.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-10. - Prohibited discharges or connections.#
No person shall discharge or cause discharge into a municipal separate storm sewer system, which is not comprised entirely of storm water, unless such discharge is an allowable non-storm water discharge as defined in this article or is authorized by a RIPDES permit. This shall include, but is not limited to the following: (1)
The construction, use, maintenance, or continued existence of illicit connections to the MS4.
(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.
(3)
A person is considered to be in violation of this article if the person connects a line conveying pollutant(s) to the MS4, or allows such a connection to continue.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-11. - Suspension of municipal separate storm sewer system access.#
Any person discharging to the municipal separate storm sewer system in violation of this article may have their municipal separate storm sewer system access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agent will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agent for reconsideration and/or a hearing. A person commits a separate violation if a person reinstates municipal separate storm sewer system access to a premises terminated pursuant to this section, without the prior approval of the authorized enforcement agent.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-12. - RIPDES permitted discharges.#
Any person subject to a RIPDES permit shall comply with all provisions of such permit and provide notice to the authorized agent of discharging to the MS4. Proof of compliance with said permit may be required in a form acceptable to the authorized enforcement agent prior to discharge or connection to the MS4, or at any time requested by the authorized enforcement agent.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-13. - Inspections and monitoring.#
To the extent permitted by state law or this chapter, or if authorized by the owner or other party in control of the property, the authorized enforcement agent shall be permitted, upon the presentation of credentials and other documents, as may be required by law, to 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, inspections, surveys, monitoring, or sampling as the authorized enforcement agent deems reasonably necessary, and shall have access to and copy, at reasonable times, any records that must be kept as required under any applicable permit.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-14. - Requirement to prevent, control and reduce storm water pollutants.#
In an attempt to prevent, control, and reduce storm water pollutants, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the MS4 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 separate storm sewer system. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-15. - 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 storm water, the MS4, 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 authorized enforcement agent 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 agent within five 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.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-16. - Notification of non-compliance.#
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.
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 storm water 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.
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.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-17. - Appeal of notice of non-compliance.#
Any person receiving a notice of non-compliance may appeal the determination of the authorized enforcement agent. The appeal must be received within 30 days from the date of the receipt of the notice of non-compliance. The appeal shall be in writing and contain a detailed basis upon which the appeal was taken. The authorized enforcement agent shall then determine in writing and within ten days whether to accept the appeal or proceed to issue a notice of violation and cause a summons to issue to the appellant to appear before the city municipal court, the district court or the superior court for the state, pursuant to the relevant jurisdictional provisions in place at the time of any such appeal.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-18. - Enforcement measures after appeal.#
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 ten days of the decision of the municipal authority upholding the decision of the authorized enforcement agent, then representatives of the authorized enforcement agent shall undertake all necessary actions, including requesting injunctive relief through a court of appropriate jurisdiction, to enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-19. - Administrative orders.#
The authorized enforcement agent is authorized to issue the following administrative orders at any time they deem such action appropriate to secure timely and effective compliance with this chapter or a discharge permit or order issued pursuant to this chapter, whether or not any previous notifications of violation have been provided to the user. (1)
Cease and desist order. The authorized enforcement agent 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.
(2)
Compliance order. The authorized enforcement agent 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.
(3)
Show cause order. The authorized enforcement agent may issue an order to show cause as to 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 as to 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.
(4)
Consent order. The authorized enforcement agent 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.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-20. - Penalties for violation.#
Any person who shall violate any provision of this article shall pay a fine not to exceed $250.00 dollars per day for each day the violation remains unabated. The authorized enforcement agent may, at the discretion of a court of appropriate jurisdiction, undertake measures necessary to abate the violation and restore the property at the owner or operator's expense.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-21. - Cost of abatement of the violation.#
Within 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 city by reason of such violation. The liability shall be immediately due and payable to the city. Interest at the rate of 12 percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-22. - Injunctive relief.#
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this article, the authorized enforcement agent may petition to a court of competent jurisdiction 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.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-23. - 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 chapter is a threat to public health, safety, and welfare, and is declared and deemed a public 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.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-24. - Criminal prosecution.#
Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal prosecution. The authorized enforcement agent may recover all attorney's fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(Ord. No. O-16-16, § I, 8-17-16)
Sec. 66-25. - 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. No. O-16-16, § I, 8-17-16)
Sec. 66-26. - Adoption of ordinance.#
This chapter shall be in full force and effect upon its final passage and adoption and publication as required by law. All prior ordinances and parts of ordinances in conflict with this chapter are hereby repealed.
(Ord. No. O-16-16, § I, 8-17-16)