ARTICLE V. - STORMWATER MANAGEMENT

Sec. 13-146. - Illicit discharge.#

Discharge to the municipal storm sewer system of a nonstormwater 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: (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)

The use of water to control dust;

(4)

Firefighting activities;

(5)

Fire hydrant flushing;

(6)

Natural springs;

(7)

Uncontaminated groundwater;

(8)

Dechlorinated pool discharges;

(9)

Air conditioning condensate;

(10)

Lawn watering;

(11)

Potable water sources including water line flushing;

(12)

Irrigation drainage;

(13)

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;

(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.

(Code 1970, § 13-101; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-147. - 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 and/or his designated representative may enter upon privately owned property for the purpose of performing his duties under this article and may make or cause to be made such examinations, surveys or sampling as the town deems reasonably necessary.

(Code 1970, § 13-102; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-148. - 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 storm drain 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 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 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.

(Code 1970, § 13-103; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-149. - 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 $100.00 per calendar day that the violation goes un-repaired and the town shall have the right to take the available appropriate remedies it deems necessary to correct the violations and to assess 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 common law liens on personal property. The lien shall be recorded in the land evidence records of the town and shall incur 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 materials, truck washout, chemicals, litter, sanitary wastes or other wastes into the town right-of-way, storm drain, or other town property. If such a violation occurs, the town may fine the violator $200.00 and required 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.

(Code 1970, § 13-104; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-150. - Hearing.#

(a)

Any owner or responsible party receiving a written notice of violation shall be given an opportunity for a hearing before the town zoning board of review to state his case. Application for said appeal shall be received by the zoning board of review prior to the date of compliance stipulated by the written notice of violation. If evidence indicates that a violation has not occurred, the zoning board of review shall revoke the notice of violation.

(b)

In exercising its powers in ruling, the board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have the powers of the officer or agency from whom the appeal was taken.

(Code 1970, § 13-105; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-151. - Town municipal court.#

The town municipal court shall have jurisdiction to enforce all provisions of this article.

(Code 1970, § 13-106; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)